LegalizeS.I. No. 439/2001 - Companies Act, 1990 (Section 34) Regulations, 2001
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2014-12-23, Companies Act 2014
I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on my by section 3 (3) of the Companies Act, 1990 (No. 33 of 1990), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order, 1998 ( S.I. No. 265 of 1998 ), make the following Regulations:
1.
These Regulations may be cited as the Companies Act, 1990 (Section 34) Regulations, 2001.
2.
These Regulations come into operation on the 1st day of October, 2001.
3.
The form of report of an independent person set out in the Schedule to these Regulations is prescribed for the purposes of section 34 (4) of the Companies Act, 1990 (No. 33 of 1990) (inserted by section 78 of the Company Law Enforcement Act, 2001 (No. 28 of 2001)).
SCHEDULE
Form of report of independent person for the purposes of section 34 of Companies Act, 1990
1 1. I am / _ [name of firm] is an independent person who, at the time of this report, is qualified to be appointed the auditor of _ [name of company]
1 1. I am / _ [name of firm] is an independent person who, at the time of this report, is the auditor of _ [name of company] and is qualified to continue to be such auditor.
I/We have examined the statutory declaration made for the purposes of section 34 of the Companies Act, 1990 , on _, 20_, by _, being the directors/a majority of the directors of _ [name of company], a copy of which is appended to this report.
The directors aforesaid are responsible under the said section 34 for the making of the statutory declaration.
4.
It is my/our responsibility, as an independent person, to form an opinion, based on my/our examination of the statutory declaration, accounting records of ____ [name of company] and explanations provided to me/us by directors and officers of the company, as to whether the statutory declaration is reasonable.
5.
I/We also examined the evidence available to support the statutory declaration that I/we considered appropriate and I/we have ascertained from the directors the steps taken by them to ensure that the declaration complies with the said section 34 and that the statement contained in it pursuant to subsection (3)(f) of the said section 34 is reasonable.
6.
In my/our opinion the statutory declaration is reasonable.
Signature/Signatures ____
Date ____
| GIVEN under my Official Seal 25^th September, 2001. | |
| NOEL TREACY | |
| Minister of State at the Department of Enterprise, Trade and Employment |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations set out the form of the report of the independent person which is required under section 34 (4) of the Companies Act, 1990 , as amended, to accompany a statutory declaration under section 34 of the Companies Act, 1990 , as amended.
Footnotes
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