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S.I. No. 358/1997 -- Companies (Fees) Order, 1997

S.I. No. 358/1997 -- Companies (Fees) Order, 1997 1997 358

S.I. No. 358/1997:

COMPANIES (FEES) ORDER, 1997

COMPANIES (FEES) ORDER, 1997

I, Michael Smith, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 103 , 112 , 311A and 395 of the Companies Act, 1963 (No. 33 of 1963), 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, 1997 ( S.I. No. 329 of 1997 ), hereby order as follows:

1. This Order may be cited as the Companies (Fees) Order, 1997.

2. This Order shall come into operation on the 15th day of September, 1997.

3. The Companies Act, 1963 (No, 33 of 1963), is hereby altered by the substitution of the following Schedule for the Eighth Schedule (inserted by the Companies (Fees) (No. 2) Order, 1993 ( S.I. No. 241 of 1993 )) thereto:

"Eighth Schedule

Section 369.

Fees to be paid to the Registrar of Companies

PART I

Table of Fees

Matter in respect of which Fee is payable

 Amount of Fee
For registration of a company £50
For registration of any existing or other company referred to in section 328 except such companies as are by this Act except from payment of fees in respect of registration under this Act £50
For dealing with an application made under section 6 of the Companies (Amendment) Act, 1983 , (No. 13 of 1983) for the issue of a certificate under that section £250

For registration of documents referred to in section 352

delivered by a company incorporated outside the State

 £50

For re-registration of a company in any of the ways

Provided for under the Companies Acts, 1963 to 1990

 £50
For registration of an annual return that is received by the Registrar within 77 days after the date to which it is made up £25
For registration of an annual return that is not received by the registrar within 77 days after the date aforesaid £30
For registration of a change in the name of a company £50
For registration of any document that, by the Companies Acts, 1963 to 1990, is required or authorised to be registered or required to be delivered, sent or forwarded to the registrar, other than an annual return or any other document specified elsewhere in this Schedule or in connection with a change in the name of a company £10
For the provision of a certified copy of any matter entered in any register kept in the office for the registration of companies (including the register referred to in section 103) £10
For the making of a record of any fact that, by the Companies Acts, 1963 to 1990, is required or authorised to be recorded by the registrar, other than in connection with a change in the name of a company £10
For each inspection of any register kept in the office for the registration of companies (including the register referred to in section 103) £3
For the provision of an uncertified copy of any matter entered in a register aforesaid £3

PART II

Limitations on operation of Part I

1. Where the Minister directs, pursuant to section 23(2), that a company shall change its name any fee that would, but for this Part, be required to be paid under Part I of this Schedule in respect of the registration of that change shall not be charged, levied or paid.

2. Notwithstanding anything in Part I of this Schedule, where an annual return is not received by the registrar within 77 days after the date to which it is made up ('the 77 day period'), the fee for registration of that return shall be £25 if the company concerned satisfies the registrar that, within 74 days after the said date, it either

( a ) sent the return by post in a prepaid letter to the office for the registration of companies,

or

( b ) took such other steps with respect to the forwarding of the return as may reasonably be expected to have secured the receipt of the return by the registrar within the 77 day period.".

4. There is hereby prescribed for the purposes of section 31 1A(2) (inserted by section 246 of the Companies Act, 1990 (No. 33 of 1990)) of the Companies Act, 1963 , a fee of £250.

5. The following fees are hereby prescribed for the purposes of sections 103 and 112 of the Companies Act, 1963 :
(a) for registering a charge required to be registered under Part IV of that Act £25;
(b) for registering particulars of a series of debentures under the said Part £25.

6. The Companies (Fees) Order, 1992 ( S.I. No. 95 of 1992 ), the Companies (Fees) Order, 1993 ( S.I. No. 142 of 1993 ), and the Companies (Fees) (No. 2) Order, 1993 ( S.I. No. 241 of 1993 ), are hereby revoked.

GIVEN under my hand, this 20th day of August, 1997.

Michael Smith

Minister of State at the Department

of Enterprise, Trade and Employment.

EXPLANATORY NOTE

The purpose of this Order is to set the level of fees to be paid in connection with certain provisions of the Companies Acts, 1963 to 1990, with effect from 15 September, 1997.

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