S.I. No. 215/2015 - Companies Act 2014 (Bonding) Order 2015.
Table of Provisions (8)
Statutory Text (8 Articles)
1. The holder of a licence under
section 9
of the
Central Bank Act, 1971
(No. 24 of 1971), or a person who is exempt from the requirement under that Act to hold such a licence.
2. A building society within the meaning of the
Building Societies Act, 1989
(No. 17 of 1989), which is entitled under the provisions of that Act to enter into such a bond.
3. An insurance company.
4. A credit institution holding an authorisation under Council Directive No. 77/780/EEC of 12 December 1977
1
as amended by Council Directive No. 89/646/EEC of 15 December 1989
2
, as amended and extended from time to time, but not including an institution to which Council Directive No. 77/780/EEC does not apply by virtue of Article 2(2) of that Directive.
GIVEN under my Official Seal,
29 May 2015.
RICHARD BRUTON,
Minister for Jobs, Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of this Order is to prescribe the form of bond for the purposes of
section 137
of the
Companies Act 2014
.
2 O.J. No.L322, of 17.12.1977, p.30
2 O.J. No.L386, of 30.12.1989, p.1
5. This bond shall have effect for the period of ______________ commencing on the ______________ day of ______________ 20______________ and expiring on the ______________ day of ______________20______________ (in this bond referred to as the period of validity).NOTE TWO
6. It is hereby acknowledged and agreed by the Surety that in the event of this bond not being renewed immediately on its expiry, the Surety shall as soon as practicable thereafter, but in any event within 7 days, notify the Registrar to that effect in writing.
7. The Surety hereby acknowledges and confirms it will as soon as practicable after entering into this bond furnish a certified copy to the Registrar.
Dated this______________day of______________20______________
Present when the Common SealNOTE THREE
of the Surety was affixed hereto
NOTE ONESurety must be a member of a class specified in Schedule 5 to the Companies Act, 2014.
NOTE TWOPeriod must not be less than 2 years for the bond and may not commence earlier than the occurrence of the appropriate event which gave rise to the requirement for the bond.
NOTE THREEThe Bond must be executed under the seal of the Surety.
SCHEDULE 2
Classes of persons authorised to enter into a bond pursuant to
section 137
(2) of the
Companies Act 2014
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
2
nd June
, 2015.
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by
sections 12
and
137
of the
Companies Act 2014
(No. 38 of 2014), hereby order as follows