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Notice of the making of this Statutory Instrument was published in
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"Iris Oifigiúil" of 2nd June, 2015.
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The Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on him by sections 12 , 813 , 819 , 823 and 863 of the Companies Act 2014 (No. 38 of 2014), hereby makes the following Regulations:
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1. (1) These Regulations may be cited as the Companies Act 2014 (Part 14 Prescribed Officers) Regulations 2015.
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(2) These Regulations shall come into operation on the 1st day of June 2015.
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2. In these Regulations, "the Act" means the Companies Act 2014 (No. 38 of 2014).
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3. (1) The Registrars of the High Court are hereby prescribed for the purposes of sections 813, 819 and 823 of the Act.
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(2) The following officers are hereby prescribed for the purposes of section 863 of the Act, namely-
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(a) in the case of proceedings in the Supreme Court, the Registrar of the Supreme Court,
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(b) in the case of proceedings in the Court of Appeal, the Registrar of the Court of Appeal,
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(c) in the case of proceedings in the Court of Criminal Appeal, the Registrar of the Court of Criminal Appeal,
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(d) in the case of proceedings or an application in the High Court, the Registrars of the High Court,
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(e) in the case of proceedings or an application in the Central Criminal Court, the Registrar of the Central Criminal Court,
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(f) in the case of proceedings in the Special Criminal Court, the Registrar of the Special Criminal Court,
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(g) in the case of proceedings in the Circuit Court, the County Registrar for the county in which the proceedings are heard,
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(h) in the case of proceedings in the District Court, in the Dublin Metropolitan District or in the District Court Area of Cork City, the Chief Clerk for the district or area concerned, as the case may be,
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(i) in the case of proceedings elsewhere in the District Court, the principal Clerk assigned to the District Court area in which the proceedings are heard.
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4. (1) The particulars specified in a form set out in the Schedule to these Regulations in relation to section 819, 823 or 863 of the Act are hereby prescribed for the purposes of the relevant section.
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(2) The period of 21 days is hereby prescribed for the purposes of section 863 of the Act.
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SCHEDULE
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Particulars of a court declaration of a restriction under section 819, Companies Act 2014
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Companies Act 2014
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NO FEE
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H6
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Please complete using block capitals or typewriting
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TO REGISTRAR
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I hereby notify you that the following person
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Surname__________
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Forename__________
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Note one Insert usual residential address
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of (note one)
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Date of Birth
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is the subject of a court declaration pursuant to section 819 of the Companies Act 2014 made on (note two)
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Note two Insert date
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The declaration arises from an action in respect of the following company
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Company name__________
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Company Number__________
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Note threeThis form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 819(7).
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Signature (note three)
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Date
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Name Block letters please
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OFFICIAL STAMP
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Particulars of partial relief granted by a court pursuant to section 822 Companies Act 2014
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Companies Act 2014
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NO FEE
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H7
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Please complete using black block capitals or typewriting
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TO REGISTRAR
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Note one
Insert usual residential address
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I hereby notify you that (note one)
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the court granted partial relief under section 822 of the Companies Act, 2014 to the following person
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Surname__________
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Forename__________
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Note two
Insert usual residential address
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of note two
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Date of Birth
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Note threeInsert the date of the original declaration by the court
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who is the subject of a declaration pursuant to section 819 of the Companies Act, 2014 made on (note three)
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Note 4Insert the details of the partial relief granted
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The following are the details of the partial relief granted (note four)
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The original declaration arose in respect of the following company
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Company name__________
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Company Number__________
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Note fiveThis form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 823(2)(a) or 823(3)(a).
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Signature (note five)
Name Block letters please
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OFFICIAL STAMP
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Date
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Particulars of a disqualification order pursuant to section 842 of the Companies Act 2014 ; a conviction which has the effect of a person being deemed to be subject to a disqualification order under sections 842, 855 or 856, or section 132; or a conviction under section 855 (1) or 856 (1) of the Companies Act 2014
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Companies Act 2014
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H8
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Please complete using black block capitals or typewriting
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TO REGISTRAR
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Note one Notification must be made within 21 days of the court decision
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I hereby notify you (note one)
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that the following person:
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Surname__________
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Forename__________
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Note twoInsert usual residential address
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of (note two)___________________________________________________________________________
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Date of Birth
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Note three Tick appropriate box
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(note three)
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is the subject of a disqualification order
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was convicted of an offence which has the effect of his being deemed to be subject to a disqualification order
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was convicted of an offence under section 855 (1) of the Companies Act 2014
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was convicted of an offence under section 856 (1) of the Companies Act 2014
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The period for which the disqualification, or deemed disqualification, is to apply is
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From
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To
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Date of court decision
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Note fourThis form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 863(2).
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Signature (note four)Name Block letters please
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OFFICIAL STAMP
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Date
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Particulars of relief granted or varied by a court pursuant to section 847, Companies Act 2014
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Companies Act 2014
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H9
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Please complete using black block capitals or typewriting
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TO REGISTRAR
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Note oneNotification must be made within 21 days of the court decision
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I hereby notify you (note one)
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Note twoInsert date on which the relief was granted or varied
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on (note two)
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the court granted or varied relief under of the Companies Act, 2014 in respect of the following person
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Surname__________
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Forename__________
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Note threeInsert usual residential address
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of (note three)
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Date of Birth
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who was the subject of a disqualification order
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Note fourInsert the date of the original disqualification
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dated note four
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Note fiveTick appropriate box
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The following are the details of the court decision note five
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Full relief granted
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Partial relief granted note six
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Note sixInclude in particular the date of expiration of the disqualification if varied by the court
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Relief varied note six
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The original declaration arose in respect of the following company
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Company name__________
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Company Number__________
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Note sevenThis form is to be completed by an officer of the court, prescribed for the purpose pursuant to section 863 (2) of the Companies Act 2014
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Signature (note seven) Name Block letters please
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OFFICIAL STAMP
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Date
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GIVEN under the Official Seal of the Minister for Jobs, Enterprise and Innovation
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29 May 2015.
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RICHARD BRUTON,
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Minister for Jobs, Enterprise and Innovation.
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EXPLANATORY NOTE.
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(This note is not part of the Instrument and does not purport to be a legal interpretation)
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The purpose of these Regulations is to prescribe officers of the court, and the particulars, form and time within which information is to be furnished by them to the Registrar for purposes of certain sections of the Companies Act 2014 .
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