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S.I. No. 571/2001 - Companies Act, 1963 (Section 24) Regulations, 2001

Type Statutory Instrument

Publication 2001-12-13

Last updated 2014-12-23

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 2

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

Reform history JSON API

I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me 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 ), hereby make the following regulations:

1.

These Regulations may be cited as the Companies Act, 1963 (Section 24) Regulations, 2001.

2.

The form set out in the Schedule to these Regulations is prescribed as the form to be used for the purposes of section 24 of the Companies Act, 1963 (No 33 of 1963) (inserted by section 88 of the Company Law Enforcement Act, 2001 (No. 28 of 2001)).

Schedule

Statutory Declaration of Compliance with the requirements of section 24 (1)(a) and section 24 (1)(b) of the Companies Act, 1963 (as inserted by section 88, Company Law Enforcement Act, 2001 )


I
(name in block capitals)

of
(residential address)



being a	Director		Proposed first director

(indicate position within company)	Secretary		Proposed first secretary

of (name of company)

	Indicate status of	Indicate status of	Registered name
	company name	company name

			Proposed name

Aged 18 years and upwards do solemnly and sincerely declare that

(a) the objects of the company/proposed company¹ comply/will comply¹ with section 24 (1)(a) of the Companies Act, 1963 in that the objects are the promotion of commerce, art, science, education, religion or charity,

and

(b) the following requirements, set out in section 24 (1)(b) of the Companies Act, 1963 , are/will be¹ included in the company's memorandum or articles of association:

(i) The profits of the company (if any) or other income are required to be applied to the promotion of its objects;

(ii) Payment of dividends to its members is prohibited;

(iii) All the assets which would otherwise be available to its members are required to be transferred on its winding up to another company whose objects are the promotion of commerce, art, science, education, religion or charity and which company meets the requirements set out in section 24 (1)(b) for the Companies Act, 1963 .

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .


	Declared before me by	Declared before me by	Declared before me by	Declared before me by
__________ Signature of Declarant	________ NAME OF DECLARANT IN BLOCK CAPITALS	________ NAME OF DECLARANT IN BLOCK CAPITALS	________ NAME OF DECLARANT IN BLOCK CAPITALS	________ NAME OF DECLARANT IN BLOCK CAPITALS
	This _ day of __ 20___	This _ day of __ 20___	This _ day of __ 20___	This _ day of __ 20___
	Who is personally known to me or who is identified to me by	Who is personally known to me or who is identified to me by	Who is personally known to me or who is identified to me by	Who is personally known to me or who is identified to me by
	___________ NAME OF PERSON IDENTIFYING DECLARANT IN BLOCK CAPITALS	___________ NAME OF PERSON IDENTIFYING DECLARANT IN BLOCK CAPITALS	___________ NAME OF PERSON IDENTIFYING DECLARANT IN BLOCK CAPITALS	___________ NAME OF PERSON IDENTIFYING DECLARANT IN BLOCK CAPITALS
	Who is personally known to me at	Who is personally known to me at	Who is personally known to me at	Who is personally known to me at
	___________ ADDRESS OF PERSON BEFORE WHOM DECLARATION IS MADE	___________ ADDRESS OF PERSON BEFORE WHOM DECLARATION IS MADE	___________ ADDRESS OF PERSON BEFORE WHOM DECLARATION IS MADE	___________ ADDRESS OF PERSON BEFORE WHOM DECLARATION IS MADE
	__________ in the presence of (signature)	__________ in the presence of (signature)	__________ in the presence of (signature)	__________ in the presence of (signature)
	___________ NAME OF PERSON BEFORE WHOM DECLARATION IS MADE IN BLOCK CAPITALS	___________ NAME OF PERSON BEFORE WHOM DECLARATION IS MADE IN BLOCK CAPITALS	___________ NAME OF PERSON BEFORE WHOM DECLARATION IS MADE IN BLOCK CAPITALS	___________ NAME OF PERSON BEFORE WHOM DECLARATION IS MADE IN BLOCK CAPITALS
	Commissioner for oaths		Practising Solicitor

	Notary Public		Peace Commissioner


---	---
	Given under my hand, this 13^th day of December, 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 Statutory Declaration of Compliance which is required to be made where a company or proposed company wishes to be exempt from the provisions of the Companies Acts relating to the use of the word ‘limited’ or ‘teoranta’ as part of its name.

Footnotes

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