Companies Act (Forms) (Amendment) Regulations, 2011

L.N. 401 of 2011

COMPANIES ACT

(CAP. 386)

Companies Act (Forms) (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 425 of the

Companies Act, the Minister of Finance, the Economy and

Investment, has made the following regulations

The title of these regulations is the Companies Act (Forms) Citation.

(Amendment) Regulations, 2011, and these regulations shall be read

and construed as one with the Companies Act (Forms) Regulations, S.L. 386. 01

hereinafter referred to as the "principal regulations".

Form S

No. of Company ...............................

COMPANIES ACT

Declaration of compliance with article (110(4)) relating to financial assistance

given by a private company for the purchase of its own

or its parent company’s shares ( a )

Pursuant to article 110(4)

Name of Company ..............................................................................

Delivered by ..................................................................................................

To the Registrar of Companies

I/We ............................................................. being director/s ( b ) of ( c )

................................................................................................ hereby confirm, in

accordance with article 110(4) of the Companies Act, that

(i)

the Board of Directors has, after taking into account the financial

position of the company and the obligations of the directors as set out in

article 136A, resolved by the affirmative vote of a majority of all the

directors forming the Board at the time of the particular resolution, to

authorize the grant of financial assistance for a specific transaction;

(ii) an extraordinary resolution has been passed affirming the above-

mentioned resolution.

Signature ...............................................

Director/s ( d )

Dated this .......................... day of ...................... of the year ...............

This form must be completed in typed form.

(a) This declaration is to be delivered prior to the granting of financial assistance.

(b) Indicate the names of the directors who are signing the form, who must be at least two in

number provided that the signature of one director is sufficient in the case where the Board is

composed of only one director.

(c) State company name.

(d) The form must be signed by at least two directors, provided that the signature of one director is

sufficient in the case where the Board is composed of only one director.

€0.18

Immediately after Form R (1) in the Schedule to the Amendment of

principal regulations, there shall be added the new Form S found in Schedule

principal

the Schedule to these regulations.

regulations.

B