European Communities (Companies) Regulations, 1973

JurisdictionIreland
CitationIR SI 163/1973
Year1973

S.I. No. 163 of 1973.

EUROPEAN COMMUNITIES (COMPANIES) REGULATIONS, 1973.

The Minister for Industry and Commerce, in exercise of the powers conferred on a Minister of State by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and to give effect to the Council Directive of the European Communities of 9 March, 1968 (68/151/ EEC), hereby makes the following regulations:

1 Citation and commencement

1. These regulations may be cited as the European Communities (Companies) Regulations, 1973, and shall come into operation on the 1st day of July, 1973.

2 Construction

2. These regulations shall be construed as one with the Companies Act, 1963 (No. 33 of 1963), in these regulations referred to as "the Act".

3 Application

3. These regulations apply to every company, being a company registered under the Act with limited liability or an unregistered company with limited liability to which certain provisions are applied by section 377 (1) of the Act, and the terms "company" and "unregistered company" shall be construed accordingly.

4 Publication of notices

4. (1) A company shall publish in Iris Oifigiúil notice of the delivery to or the issue by the registrar of companies after the commencement of these regulations of the following documents and particulars—

(a) any certificate of incorporation of the company;

(b) the memorandum and articles of association, or the charter, statutes or other instrument constituting or defining the constitution of the company (in these regulations included in the term "memorandum and articles of association");

(c) any document making or evidencing an alteration in its memorandum or articles of association;

(d) every amended text of its memorandum and articles of association;

(e) any return relating to its register of directors or notification of a change among its directors;

(f) any return relating to the persons, other than the board of directors, authorised to enter into transactions binding the company, or notification of a change among such persons;

(g) its annual return;

(h) any notice of the situation of its registered office, or of any change therein;

(i) any copy of a winding up order in respect of the company;

(j) any order for the dissolution of the company on a winding up;

(k) any return by a liquidator of the final meeting of the company on a winding up.

(2) A notice shall be published within six weeks of the relevant delivery or issue.

(3) In a voluntary winding up, the liquidator shall within 14 days after his appointment publish in Iris Oifigiúil a notice of his appointment in addition to delivering notice to the registrar of companies as required by section 278 of the Act.

5 Text of altered memorandum and articles

5. Where any alteration is made in a company's memorandum or articles of association, notice of which the company is required to publish under Regulation 4, the company shall deliver to the registrar of companies, in addition to the alteration, a copy of the text of the memorandum and articles as so altered.

6 Organs authorised to bind company

6. (1) In favour of a person dealing with a company in good faith, any transaction entered into by any organ of the company, being its...

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