S.I. No. 256/2015 - District Court (Companies Act 2014) Rules 2015.

1. I beg to refer to the contents of the notice of application herein. The statements of fact contained in the said notice of application which are within my own knowledge are true. I honestly believe that the information contained in the said notice of application which is not within my own knowledge is true.

2. *[I beg to refer to a print of the company’s annual return in the form for the time being prescribed by the Registrar of Companies covering the period ...................... to ...................... *and to a copy of the company’s financial statements up to ...................... upon which marked “A” I have signed my name prior to the swearing hereof.] or *[It has not been possible to date to prepare the company’s annual return covering the period ...................... to ...................... because (

set out reasons

)]

3. The reasons why the annual return was not delivered to the Registrar of Companies within the time permitted by section 343(2) or

section 343

(3) of the

Companies Act 2014

are (

set out reasons and verify any facts relied on

). *It would additionally be just to make an order extending time for delivery of the company’s annual return because (

set out reasons and verify any facts relied on

).

*4. (

Where the applicant will apply to the Court to allow a period longer than 28 days after the date on which an order is made for delivery of a certified copy of the order to the Registrar

) The reasons why a longer period than 28 days should be allowed for delivery of a certified copy of the order to the Registrar are (

set out reasons and verify any facts relied on

);

*5. I beg to refer to the entire sequence of correspondence between the applicant and the Registrar concerning this application, upon which pinned together and marked “B” I have signed my name prior to the swearing hereof.

4. No previous order has been made by the District Court under section 343(5) of the Act in respect of the company as respects the period mentioned at 3 above.

*5. The company will apply to the Court to allow a period longer than 28 days after the date on which an order under section 343(5) of the Act is made for delivery of a certified copy of the order to the Registrar, being a period of .................................

Dated this ................ day of ................................. 20 .........

Signed ............................................Applicant/solicitor for the Applicant

To District Court ClerkDistrict Court OfficeAt ............................................

To the Registrar of CompaniesAt ............................................

*Delete where inapplicable

Schedule C

O.93B, r. 2(2)

No. 93B.2

COMPANIES ACT 2014, Section 343(5)

AFFIDAVIT SUPPORTING APPLICATION FOR ORDER EXTENDING THE TIME IN WHICH ANNUAL RETURN MAY BE DELIVERED TO THE REGISTRAR OF COMPANIES

District Court Area of District No.

.............. Applicant

.............. Registrar of Companies .............. Respondent

I, ...................... of ...................... , a *director *secretary of the applicant company, aged eighteen years and upwards MAKE OATH and say as follows

6. I accordingly request an order in the terms set out in the notice of application.

SWORN before me [name in capitals] at ...................... in the County of ...................... on the ...................... day of ...................... 20 ...................... , by the said ...................... .*[who is personally known to me],*[who is identified to me by ...................... who is personally known to me]*[whose identity has been established to me before the taking of this affidavit by the production to me of†passport no. ...................... issued on the ...................... day of ...................... by the authorities of ...................... , which is an authority recognised by the Irish Government,†national identity card no. ...................... issued on the ...................... day of ...................... by the authorities of ...................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement†Aliens Passport no. ...................... issued on the ...................... day of ...................... by the authorities of ...................... which is an authority recognised by the Irish Government†refugee travel document no. ...................... issued on the ...................... day of ...................... by the Minister for Justice and Equality† travel document (other than refugee travel document) ...................... issued on the ...................... day of ...................... by the Minister for Justice and Equality]

.........................................

............................................................

Deponent

*Commissioner for Oaths/ *Practising Solicitor

*Delete if inapplicable†Where relevant, select appropriate option and delete others.

This affidavit is filed with the District Court Clerk at..on the day of 20 by ..on behalf of the applicant in the above proceedings.

Schedule C

O. 93B, r.5

No. 93B.3

COMPANIES ACT 2014, Section 343(5)

ORDER EXTENDING THE TIME IN WHICH ANNUAL RETURN MAY BE DELIVERED TO THE REGISTRAR OF COMPANIES

District Court Area of District No.

.............. Applicant

.............. Registrar of Companies.............. Respondent

WHEREAS UPON APPLICATION made to the Court today by the above-named applicant company (the “company”), whose registered number is ...................... and whose registered office is situated at ...................... in the court *(area and) ...................... district aforesaid and whose annual return date is ...................... , under

section 343

(5) of the

Companies Act 2014

for an order extending the time for the purposes of *section 343(2) *section 343(3) of the

Companies Act 2014

in which the annual return of the company in relation to the period ...................... to ...................... may be delivered to the Registrar of Companies.

THE COURT

*HAVING READ THE AFFIDAVIT of ...................... grounding the application

*HAVING HEARD what was offered on behalf of the company *and the Registrar

*BEING SATISFIED THAT notice of the application was duly served

BEING SATISFIED THAT no previous order has been made by the District Court under section 343(5) of the Act in respect of the company as respects the period concerned

BEING SATISFIED THAT it would be just to do so

HEREBY ORDERS pursuant to section 343(4) of the

Companies Act 2014

that the time within which the annual return of the company in relation to the period ...................... to ...................... may be delivered to the Registrar of Companies be and is hereby extended up to ......................

A certified copy of this order is to be delivered by the company to the Registrar of Companies *within 28 days *[

insert longer period if ordered

]

Dated this ...................... day of ...................... 20............

Signed ............................................Judge of the District Court

*Delete where inapplicable

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules insert a new Order 93B and associated forms to the District Court Rules to prescribe the procedure for applications under

section 343

of the

Companies Act 2014

to extend time for delivery of an annual return.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd June

, 2015.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

, and

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 11th day of May 2015.

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Anne Watkin

Fiona Twomey

Grainne Larkin

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 17th day of June, 2015.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 256 of 2015

DISTRICT COURT (COMPANIES ACT 2014) RULES 2015