Companies (Forms) Order, 1983.

S.I. No. 289/1983 - Companies (Forms) Order, 1983. S.I. No. 289 of 1983. COMPANIES (FORMS) ORDER, 1983. I, FRANK CLUSKEY, Minister for Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 396 of the Companies Act, 1963 (No. 33 of 1963), and section 59 of the Companies (Amendment) Act, 1983 (No. 13 of 1983), hereby order as follows: 1. (1) This Order may be cited as the Companies (Forms) Order, 1983. (2) The Companies (Forms) Order, 1964 ( S.I. No. 45 of 1964 ), the Companies (Forms) Order, 1982 ( S.I. No. 256 of 1982 ), and this Order may be cited together as the Companies (Forms) Orders, 1964 to 1983. 2. (1) The Forms set out in Part I of the Schedule hereto, or forms to the like effect, are hereby prescribed as the forms to be used in connection with section 115 of the Companies Act, 1963 (No. 33 of 1963), with such variations as circumstances require. (2) The Forms set out in Part II of the Schedule hereto, or forms to the like effect, are hereby prescribed as the forms to be used in connection with the provisions of the Companies (Amendment) Act, 1983 (No. 13 of 1983), with such variations as circumstances require. 3. The Companies (Forms) Order, 1964, shall be construed and have effect as if Form Nos. 44 and 44A were deleted from the Schedule thereto. Part 1 Form No.44. Certificate Number ................ [See footnote(c)] 44 DECLARATION THAT THE CONDITIONS OF SECTION 115 (1) (a) (b) AND (c) OF THE COMPANIES ACT, 1963 , HAVE BEEN COMPLIED WITH. Pursuant to section 115 (1) (d). Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering *Insert full name of Company being (a) of the above named company, do solemnly and sincerely declare: Companies Act, 1963 , is £.......... 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 ............................................ ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ........................ this ........... day of ..................................................... ............................................................ ....................... Signature of Declarant Commissioner of Oaths (b) Presenter's name, address and reference (if any): (a) "the secretary" or "a director" (b) or Notary Public or Peace Commissioner. (c) To be used by a company (other than a public limited company registered as such on its original incorporation under the Companies (Amendment) Act, 1983 †Delete words not applicable Form No.44a Certificate Number ......... [See footnote (c)] DECLARATION THAT THE PROVISIONS OF SECTION 115 (2) (b) OF THE COMPANIES ACT, 1963 , HAVE BEEN COMPLIED WITH. Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering * Insert full name of Company being (a) of the above named company, do solemnly and sincerely declare: †Delete words not applicable ............................................................ ............................................................ .............. 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 ............................................ ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ........................ this ........... day of ..................................................... ............................................................ ....................... Signature of Declarant A Commissioner of Oaths (b) Presenter's name, address and reference (if any): (a) "the secretary" or "a director" (b) or Notary Public or Peace Commissioner. (c) To be used by a company (other than a public limited company registered as such on its original incorporation under the Companies (Amendment) Act, 1983 Part II Form No. 41a. Certificate Number............ DECLARATION of compliance with the requirements on application for registration of a company. Pursuant to section 5 (5) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering *Insert exact name of Company †" a solicitor engaged in the formation " or "a person named as director or secretary of the company in the statement delivered pursuant to section 3 of the Companies(Amendment) Act, 1982" do solemnly and sincerely declare that I am † ‡ Limited I "a solicitor engaged in the formation" or "a person named as director or secretary of the company in the statement delivered pursuant to section 3 of the Companies (Amendment) Act, 1982 ‡Delete if inappropriate 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 ...................................... ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ................... this ........... day of ..................................................... ............................................................ .................. Signature of Declarant A Commissioner for Oaths (a) Presenter's name, address and reference (if any): (a) or Notary Public or Peace Commissioner Form No.70. Certificate Number ........ 70 Application by a public limited company to commence business and declaration of particulars. Pursuant to section 6 of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company hereby applies for a certificate to commence business and, for that purpose, Please complete legibly, preferably in black type, or bold block lettering *Insert full name of Company †delete as appropriate being [the secretary] [a director] † of the above-named company, do solemnly and sincerely declare that: 3 the [amount] [estimated amount] †of the preliminary expenses of the company is and [have been paid] [are payable] † by ‡Insert name of person(s) by whom expenses paid or payable Presenter's name, address and reference (if any): 4a The amount paid or given to any promoter b The amount intended to be paid or given to any promoter c The benefit given to any promoter d The benefit intended to be given to any promoter 5a The consideration for payment is b The consideration for benefit is 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 ...................................... ..................................................... who is personally known to me(or who is identified to meby ............................................................ ........... who is personally known to me) at ............................................................ . this ........... day of ....................................... ............................................................ ............................................................ ............. Signature of Declarant A Commissioner for Oaths(a) (a) or Notary Public or Peace Commissioner Form No.71. Certificate Number ........ 71 Application by a private or unlimited company for re-registration as a public limited company. Pursuant to section 9 (1) or section of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company * Insert full name of Company †delete as appropriate [Director] [Secretary] †Date Documents delivered for registration with this application: 2 Copy of auditors' written statement in accordance with section 9(1) (b) Companies (Amendment) act, 1983 3 Copy of relevant balance sheet and auditors' unqualified report thereon 4 Copy of any valuation report (if applicable) 5 Declaration made by Director or Secretary in accordance with section 9 (1) (b) of the Companies (Amendment) Act, 1983 (on Form No. 72) Presenter's name, address and reference (if any): Form No.72. Certificate Number ........... 72 Declaration of compliance by a private or umlimited company with the requirements for re-registration as a public limited company. Pursuant to section 9 or section 11 of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering * Insert full name of Company †delete as appropriate being [the secretary] [a director] † of the above-named company, do solemnly and sincerely declare that: ‡insert date 1 the company, on ........‡, passed a special resolution that the company should be re-registered as a pulic limited company; 2 the conditions specified in section 9 (1) (c) of the Companies (Amendment) Act, 1983 are satisfied; 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 ...................................... ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ........................ this ........... day of ................................................. ............................................................ .................. Signature of Declarant A Commissioner of Oaths (a) (a) or Notary Public or Peace Commissioner Presenter's name, address and reference (if any): Form No.73. Certificate Number ........ 73 Application by an old public limited company for re-registration as a public limited company. Pursuant to section 12 (3) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company * Insert full name of Company †delete as appropriate [Director] [Secretary] †Date Documents delivered for registration with this application: section 12 (4) of the Companies (Amendment) Act, 1983 2 Declaration made by a Director or the Secretary of the company (on Form No. 74) verifying that a Directors' Resolution under section 12 (3) of the Companies (Amendment) Act, 1983 , has been passed and that the conditions specified in section 12 (9) of that Act have been satisfied. Presenter's name, address and reference (if any): Form No.74 Certificate Number .............. 74 DECLARATION of director or secretary on application by an old public limited company for re-registration as a public limited company Persuant to section 12 (5) (b) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering †Delete as appropriate being [the secretary] [a director] † of the above-named company, do solemnly and sincerely declare that: 1 the director have passed a resolution complying with section 12 (4) of the Companies (Amendment) Act, 1983 , that the company should be re-registered as a public limited company, and 2 the conditions specified in section 12 (9) of that Act were satisfied at the time of the resolution. 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 ...................................... ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ................... this ........... day of ................................................. ............................................................ ..................... Signature of Declarant A Commissioner of Oaths (a) (a) or Notary Public or Peace Commissioner Presenter's name, address and reference (if any): Form No.75. Certificate Number.............. 75 Declaration by old public limited company that it does not meet the requirements for a public limited company Pursuant to section 12 (8) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering *Delete as appropriate being [the Secretary] [a Director] * of the above named company, do solemnly and sincerely declare: that the company does not at the time of this declaration satisfy the conditions specified in section 12 (9) of the Companies (Amendment) Act, 1983 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 ...................................... ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ........................ this ........... day of ................................................. ............................................................ ..................... Signature of Declarant A Commissioner of Oaths (a) (a) or Notary Public or Peace Commissioner Presenter's name, address and reference (if any): Form No.76. Certificate Number........... 76 Application by a public limited company for re-registration as a private company. Pursuant to section 14 (1) of them Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company * Insert full name of Company †Delete as appropriate [Director] [Secretary] †Date Document(s) delivered for registration with this application: 1 Copy of the special resolution in accordance with section 14 of the Companies (Amendment) Act, 1983 , that the company be re-registered as a private company (unless previosly presented for registration).† Presenter's name, address and reference (if any): Form No. 77. Certificate Number................ 77 Application by a public limited company for re-registration as another form of company following a Court Order. Pursuant to section 17 of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company * Insert full name of Company †insert type of Company hereby makes application as authorised by the Court to be re-registered as a_______† ‡delete as appropriate [Director] [Secretary] ‡Date Document(s) delivered for registration with this application: 1 Office copy of Order or Court (unless previously presented for registration.‡ Presenter's name, address and reference (if any): Form No. 78. Certificate Number .............. 78 Pursuant to sections 328 of the Companies (Amendment) Act, 1983 , and section 18 of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company *Insert full name of Company constituted by_______________________________ desires to be registered as a limited company limited by †delete as appropriate The intended situation of the registered office after registration is: [Director] [Secretary] †Date Documents delivered for registration with this application listed overleaf Presenter's name, address and reference (if any): Documents delivered for registration with this application: List of the members of the company make up to in accordance with Copy of the ______________________________________constituting or regulating the company Copy of the resolution that the company be registered as a public company Statement specifying particulars required by section 330 (c) (i) to (iii) of the Companies Act, 1963 , as amended (on Form No. 66a) Declaration made by any two or more directors or other principal officers of the company verifying the particulars set forth in the above mentioned documents (on Form No. 66b) Copy of written statement in accordance with section 18 (4) (b) of the Companies (Amendment) Act, 1983 Copy of relevant balance sheet and unqualified report by a person qualified to be the company's auditor Copy of all applicable valuation report (if any) Declaration made by director or secretary in conformity with section 18 (4) (e) of the Companies (Amendment) Act, 1983 (on Form No. 79) Form No. 79 Certificate Number ............ 79 Registration of an existing joint stock company. Declaration of compliance in connection with registration as a public limited company Pursuant to section 18 (4) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Name of Company Please complete legibly, preferably in black type, or bold block lettering I, † _____________________________________________________________ *insert full name of Company of______________________________________________________________ ________________________________________________________________ † Enter full name and address of director or secretary of the company ________________________________________________________________ being [the secretary] [a director] ‡ of the above named company, do solemnly and sincerely declare that: †delete as appropriate the conditions specified in section 9 (5) (a) and (b) (where applicable) and section 10 (1) (a) to (d) of the Companies (Amendment) Act, 1983 , have been satisfied; And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act, 1938. Declared before me by ...................................... ..................................................... who is personally known to me(or who is identified to meby ............................................... who is personally known to me) at ............................................................ ................... this ........... day of ..................................................... ............................................................ .................. Signature of Declarant A Commissioner for Oaths (a) or Notary Public or Peace Commissioner Presenter's name, address and reference (if any): Form No. 80. Certificate Number............ 80 Pursuant to section 39 (1) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering. Name of Company *Insert full name of Company not stated in the compan's memorandum or articles or in any resolution or agreement to which section 143 of the Companies Act, 1963 , applies, and † delete if inappropriate ‡ or state "prior to the appointed day". Date of first Allotment‡ Particulars of rights § delete as appropriate [Director] [Secretary] § Date Presenter's name, address and reference (if any): Form No. 81. Certificate Number ............. 81 Pursuant to section 39 (3) of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company † insert full name of Company † Insert date †the rights attached to were varied in the manner set out below, otherwise than by amendment of the company's memorandum or articles or by any resolution or agreement to which section 143 of the Companies Act, 1963 , applies; § delete as appropriate [Director] [Secretary] § Date Presenter's name, address and reference (if any): Form No. 82. Certificate Number .............. 82 section 39 (4) of the Companies (Amendment) Act, 1983 To the Registrar of Companies Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company *Insert full name of Company † delete as appropriate hereby gives notice in accordance with section 39 (4) of the Companies (Amendment Act, 1983 section 143 of the Companies Act, 1963 , applies). Name or other designation [Director] [ Secretary] † Date Presenter's name, address and reference (if any): Form No. 83. Certificate Number ........ 83 Please do not write in this binding margin Pursuant to section 43 (6) of the Companies Companies Registration Fee Stamp to be impressed here. (Amendment) Act, 1983. Please complete legibly, preferably in black type, or bold black lettering Name of Company * Insert full name of Company † Insert type of company section 43 (3) of the Companies (Amendment) Act, 1983 £............... hereby applies to be re-registered as a † company ‡ delete as appropriate [Director] [Secretary] ‡Date Document(s) delivered for registration with this application: Copy of the directors' resolution in accordance with section 43 (5) of the Companies (Amendment) Act, 1983 (unless previously presented for registration)‡ Presenter's name, address and reference (if any): Form No. 84. Certificate Number ........... 84 Application by a limited company to be re-registered as unlimited. Pursuant to section 52 of the companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company Alterations in the memorandum and articles should be set out overleaf. The following documents are attached in support of an application hereby made for the above named company to be re-registered as unlimited: Signed assents by or on behalf of all the members of the company. A statutory declaration made by the directors of the company in compliance with section 52 (3) (b) of the Companies (Amendment) Act, 1983 * Delete as appropritate Number of members provided for in the articles as altered † Delete as appropriate *[Director] [Secretary] †Date Presenter's name, address and reference (if any): Alterations in the memorandum Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Alterations in articles Form No. 85. Certificate Number ……………………… 85 Members' assent to company being re-registered as unlimited. Pursuant to section 52 (3) (a) of the companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company * Delete as appropriate [I, being a member] [We, being members]* of the above named company hereby assent to the company being re-registered as unlimited. Written authorities will be returned on request Signature of member (or person lawfully authorised to sign on his behalf)† Full name of member Full name of member Full name of member Full name of member Presenter's name, address and reference (if any): Signature of member (or person lawfully authorised to sign on his behalf)† Please do not write in this binding margin Full name of member Please complete legibly, preferably in black type, or bold block lettering Full name of member Full name of member Full name of member Full name of member 10 Full name of member 11 Full name of member 12 Full name of member 13 Full name of member Please enter in the box opposite, the number of continuation sheets attached. Page 2 Certificate Number .. .. .. .. .. .. .. .. Please do not write in this binding margin Members' assent to company being re-registered as unlimited. Continuation sheet No. ........ to form No. 85 Please complete legibly, preferably in black type, or bold block lettering Name of Company Signature of member (or person lawfully authorised to sign on his behalf) Full name of member Full name of member Full name of member Full name of member Full name of member Full name of member Full name of member Signature of member (or person lawfully authorised to sign on his behalf) Please do not write in this binding margin Full name of member Please complete legibly, preferably in black type, or bold block lettering Full name of member Full name of member Full name of member Full name of member Full name of member Full name of member Full name of member Full name of member Form No. 86. Certificate Number ........ ........ 86 Application by an unlimited company to be re-registered as limited. Pursuant to section 53 of the Companies (Amendment) Act, 1983 Companies Registration Fee Stamp to be impressed here. Please do not write in this binding margin Please complete legibly, preferably in black type, or bold block lettering Name of Company The following documents are attached in support of an application hereby made for the above named company to be re-registered as limited A Special Resolution authorising the re-registration of the company as limited was passed on A copy of the aforesaid Special Resolution (unless previously presented for registration)† † delete as appropriate * Applies only if the company is to be limited by guaranteee Number of members provided for in the articles as altered † Delete as appropriate [Director] [Secretary] ‡Date Presenter's name, address and reference (if any): GIVEN under my Official Seal this 11th day of October, 1983. FRANK CLUSKEY, Minister for Trade, Commerce and Tourism. EXPLANATORY NOTE. The purpose of this Order is to prescribe the forms to be used in connection with the provisions of the Companies (Amendment) Act, 1983 and to prescribe new forms to replace forms No. 44 and 44A which are deleted from the Schedule to the Companies (Forms) Order, 1964.