S.I. No. 216/2015 - Companies Act 2014 (Part 14 Prescribed Officers) Regulations 2015.

1. (1) These Regulations may be cited as the Companies Act 2014 (Part 14 Prescribed Officers) Regulations 2015.

(2) These Regulations shall come into operation on the 1st day of June 2015.

2. In these Regulations, “the Act” means the

Companies Act 2014

(No. 38 of 2014).

3. (1) The Registrars of the High Court are hereby prescribed for the purposes of sections 813, 819 and 823 of the Act.

(2) The following officers are hereby prescribed for the purposes of section 863 of the Act, namely—

(

a

) in the case of proceedings in the Supreme Court, the Registrar of the Supreme Court,

(

b

) in the case of proceedings in the Court of Appeal, the Registrar of the Court of Appeal,

(

c

) in the case of proceedings in the Court of Criminal Appeal, the Registrar of the Court of Criminal Appeal,

(

d

) in the case of proceedings or an application in the High Court, the Registrars of the High Court,

(

e

) in the case of proceedings or an application in the Central Criminal Court, the Registrar of the Central Criminal Court,

(

f

) in the case of proceedings in the Special Criminal Court, the Registrar of the Special Criminal Court,

(

g

) in the case of proceedings in the Circuit Court, the County Registrar for the county in which the proceedings are heard,

(

h

) in the case of proceedings in the District Court, in the Dublin Metropolitan District or in the District Court Area of Cork City, the Chief Clerk for the district or area concerned, as the case may be,

(

i

) in the case of proceedings elsewhere in the District Court, the principal Clerk assigned to the District Court area in which the proceedings are heard.

4. (1) The particulars specified in a form set out in the Schedule to these Regulations in relation to section 819, 823 or 863 of the Act are hereby prescribed for the purposes of the relevant section.

(2) The period of 21 days is hereby prescribed for the purposes of section 863 of the Act.

SCHEDULE

Particulars of a court declaration of a restriction under section 819, Companies Act 2014

Companies Act 2014

NO FEE

H6

Please complete using block capitals or typewriting

TO REGISTRAR

I hereby notify you that the following person

Surname__________

Forename__________

Note one

Insert usual residential address

of (

note one

)

Date of Birth

is the subject of a court declaration pursuant to

section 819

of the

Companies Act 2014

made on

(note two)

Note two

Insert date

The declaration arises from an action in respect of the following company

Company name__________

Company Number__________

Note three

This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 819(7).

Signature

(note three)

Date

Name Block letters please

OFFICIAL STAMP

Particulars of partial relief granted by a court pursuant to section 822

Companies Act 2014

Companies Act 2014

NO FEE

H7

Please complete using black block capitals or typewriting

TO REGISTRAR

Note one

Insert usual residential address

I hereby notify you that

(note one)

the court granted partial relief under

section 822

of the

Companies Act, 2014

to the following person

Surname__________

Forename__________

Note two

Insert usual residential address

of

note two

Date of Birth

Note three

Insert the date of the original declaration by the court

who is the subject of a declaration pursuant to

section 819

of the

Companies Act, 2014

made on

(note three)

Note 4

Insert the details of the partial relief granted

The following are the details of the partial relief granted

(note four)

The original declaration arose in respect of the following company

Company name__________

Company Number__________

Note five

This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 823(2)(a) or 823(3)(a).

Signature

(note five)

Name Block letters please

OFFICIAL STAMP

Date

Particulars of a disqualification order pursuant to

section 842

of the

Companies Act 2014

; a conviction which has the effect of a person being deemed to be subject to a disqualification order under sections 842, 855 or 856, or section 132; or a conviction under

section 855

(1) or

856

(1) of the

Companies Act 2014

Companies Act 2014

H8

Please complete using black block capitals or typewriting

TO REGISTRAR

Note one

Notification must be made within 21 days of the court decision

I hereby notify you

(note one)

that the following person

Surname__________

Forename__________

Note two

Insert usual residential address

of

(note two)

___________________________________________________________________________

Date of Birth

Note three

Tick appropriate box

(note three)

is the subject of a disqualification order

was convicted of an offence which has the effect of his being deemed to be subject to a disqualification order

was convicted of an offence under

section 855

(1) of the

Companies Act 2014

was convicted of an offence under

section 856

(1) of the

Companies Act 2014

The period for which the disqualification, or deemed disqualification, is to apply is

From

To

Date of court decision

Note four

This form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 863(2).

Signature

(note four)

Name Block letters please

OFFICIAL STAMP

Date

Particulars of relief granted or varied by a court pursuant to section 847,

Companies Act 2014

Companies Act 2014

H9

Please complete using black block capitals or typewriting

TO REGISTRAR

Note one

Notification must be made within 21 days of the court decision

I hereby notify you

(note one)

Note two

Insert date on which the relief was granted or varied

on

(note two)

the court granted or varied relief under of the

Companies Act, 2014

in respect of the following person

Surname__________

Forename__________

Note three

Insert usual residential address

of

(note three)

Date of Birth

who was the subject of a disqualification order

Note four

Insert the date of the original disqualification

dated

note four

Note five

Tick appropriate box

The following are the details of the court decision

note five

Full relief granted

Partial relief granted note six

Note six

Include in particular the date of expiration of the disqualification if varied by the court

Relief varied

note six

The original declaration arose in respect of the following company

Company name__________

Company Number__________

Note seven

This form is to be completed by an officer of the court, prescribed for the purpose pursuant to

section 863

(2) of the

Companies Act 2014

Signature (note seven) Name Block letters please

OFFICIAL STAMP

Date

GIVEN under the Official Seal of the Minister for Jobs, Enterprise and Innovation

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 these Regulations is to prescribe officers of the court, and the particulars, form and time within which information is to be furnished by them to the Registrar for purposes of certain sections of the

Companies Act 2014

.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd June

, 2015.

The Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on him by

sections 12

,

813

,

819

,

823

and

863

of the

Companies Act 2014

(No. 38 of 2014), hereby makes the following Regulations