S.I. No. 302/2009 - Companies Act 1963 (Alteration of Eighth Schedule) Order 2009

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S.I. No. 302 of 2009
COMPANIES ACT 1963 (ALTERATION OF EIGHTH SCHEDULE) ORDER 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 4th August, 2009.
I, MARY COUGHLAN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 395 (amended by section 63(1) of the Company Law Enforcement Act 2001 (No. 28 of 2001)) 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 )), hereby order as follows:
1. (1) This Order may be cited as the Companies Act 1963 (Alteration of Eighth Schedule) Order 2009.
(2) This Order shall come into operation on 1st September, 2009.
2. The Eighth Schedule (inserted by the Companies (Fees) (No. 3) Order 2005 ( S.I. No. 517 of 2005 )) to the Companies Act 1963 (No. 33 of 1963) is altered by substituting the Part set out in the Schedule to this Order for Part 1.
3. The Companies (Fees) (No. 4) Order 2005 ( S.I. No. 737 of 2005 ) and Companies (Fees) Order 2006 ( S.I. No. 502 of 2006 ) are revoked.
SCHEDULE
“PART 1
‘electronic form’ means in relation to the doing of any act specified in the first column to the table set out in this Part the doing of that act by means of—
(a) the electronic form filing system in use by the registrar of companies, or
(b) the Companies Registration Office disk electronic filing system where the act is also effected in paper form;
‘paper form’ means, in relation a matter specified in the first column to the table set out in this Part—
(a) the filing of documents or an application in paper form, or
(b) the inspection of documents or an application submitted in paper form, or
(c) the submission of documents in paper form;
‘Societas Europaea’ or European Public Limited Liability Company shall be construed in accordance with the European Communities (European Public Limited Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 ).
Table of Fees
Matter in respect of which Fee is payable
Amount of Fee
Provision of an electronic certified copy certificate of incorporation for public sector use pursuant to section 370(1)(b)
Paper form — not applicableElectronic form — nil
Provision of a certified copy of any matter entered in the register kept by the registrar of companies for the registration of companies (including the register referred to in section 103) pursuant to section 370(1)(b)
Paper form — €12Electronic form — not applicable
Each inspection of any register kept in the office for the registration of companies (including the register referred to in section 103) pursuant to section 370(1)(a)
Paper form — €3.50Electronic form — €3.50
Provision of an uncertified copy of any matter entered in the register aforesaid pursuant to section 370(1)(b)
Paper form —€2.50 Electronic form — €2.50
Registration of any company (other than a Societas Europaea) under the Companies Acts
Paper form — €100Electronic form- €50
Registration of a company to which section 328(1) applies
Paper form — €100Electronic form — €50
Application for a certificate pursuant to section 6 of the Companies (Amendment) Act 1983 (No. 13 of 1983)
Paper form — €300Electronic form — not applicable
Delivery, pursuant to section 352, for registration of documents referred to in that section by a company incorporated outside the State
Paper form — €60Electronic form — not applicable
Registration of a company to which Part II or III of the European Communities (Branch Disclosures) Regulations 1993 ( S.I. No. 395 of 1993 ) applies
Paper form — €60Electronic form — not applicable
Re-registration of a company in any of the ways provided for under the Companies Acts
Paper form — €60Electronic form — not applicable
Registration of an annual return made up to a date prior to 1 March 2002
Paper form — €1,240 Electronic form — €1,220
Delivery of annual return within the period referred to in section 127(2) (amended by section 60 of the Company Law Enforcement Act 2001 (No. 28 of 2001))
Paper form — €40Electronic form — €20
Delivery of an annual return later than the period referred to in section 127(2) (amended by section 60 of the Company Law Enforcement Act 2001 (No. 28 of 2001))
Paper form — €140 plus €3.00 in respect of each day on which the failure to file the return continues after the statutory filing period, subject to a maximum fee of €1,240 for each returnElectronic form — €120 plus €3.00 in respect of each day on which the failure to file the return continues after the statutory filing period, subject to a maximum fee of €1,220 for each return
Entry of new name in the register in place of the former name pursuant to section 23(3)
Paper form — €100Electronic form — €50
Registration of particulars of a series of debentures required to be registered pursuant to section 99(8)
Paper form — €40Electronic form — not applicable
Giving of notice of a change in the situation of the registered office of the company pursuant to subsection (3) of section 113 (inserted by section 4 of the Companies (Amendment) Act 1982 (No. 10 of 1982))
Paper form — €15Electronic form — nil
Sending of notification of a change of director or secretary, or of any particulars contained in the register, pursuant to subsection (6) of section 195 (inserted by section 51 of the Companies Act 1990 (No. 33 of 1990))
Paper form — €15Electronic form — nil
Sending of a notice of the place where the register of members of a company is kept or of any change in that place, pursuant to section 116(7)
Paper form — €15Electronic form — nil
Sending of a notice of the place where the register of debenture holders of a company is kept or of a change in that place, pursuant to section 91(3)
Paper form — €15Electronic form — nil
Sending of a notice of the place where copies and memoranda required by section 50(1) of the Companies Act 1990 (No. 33 of 1990) are kept or of any change in that place, pursuant to section 50(4) of that Act
Paper form — €15Electronic form — nil
Delivery of a notice referred to in Regulation 4(3)(c), 7(3)(c), 4(3)(d) or 7(3)(d), of the European Communities (Branch Disclosures) Regulations 1993 ( S.I. No. 395 of 1993 )
Paper form — €15Electronic form — nil
Delivery pursuant to section 353 of a return containing prescribed particulars of an alteration made in respect of persons referred to in paragraph (c) of that section
Paper form — €15Electronic form — nil
Forwarding of an ordinary resolution or agreement, or a special resolution or agreement (other than a special resolution or agreement relating to a change of name of a company pursuant to section 23) pursuant to section 143 (amended by section 5 of the Companies (Amendment) Act 1982 (No. 6 of 1982) and paragraph 15 of the First Schedule to the Companies (Amendment) Act 1983 (No. 13 of 1983)) and any document lodged in connection with such resolution
Paper form — €15Electronic form — nil
Notification of a company becoming a single-member company and identity of its sole member pursuant to Regulation 5 of the European Communities (Single-Member Private Limited Companies) Regulations 1994 ( S.I. No. 275 of 1994 )
Paper form — €15Electronic form — nil
Notification that a company has ceased to be a single-member company, pursuant to Regulation 6 of the European Communities (Single-Member Private Limited Companies) Regulations 1994 ( S.I. No. 275 of 1994 )
Paper form — €15Electronic form — nil
Sending, pursuant to section 34(3)(a) of the Companies (Amendment) (No.2) Act 1999 (No. 30 of 1999), of a copy of a notice under subsection (1)(i) of that section)
Paper form — nilElectronic form — not applicable
Filing a document to which section 80(1) of the Company Law Enforcement Act 2001 (No. 28 of 2001) applies, for the purposes of registration
Paper form — €100Electronic form — not applicable
Application for a grant of a certificate pursuant to section 44(2) of the Companies (Amendment) (No. 2) Act 1999 (No. 30 of 1999)
Paper form — €40Electronic form — not applicable
Delivering a notice and statutory declaration, pursuant to subsections (3)(b)(i) and (5) respectively, of section 45 of the Companies (Amendment) (No. 2) Act 1999 (No. 30 of 1999)
Paper form — €40Electronic form — not applicable
Delivery of nomination of a new annual return date, pursuant to subsection (9) of section 127 (inserted by section 60 of the Company Law Enforcement Act 2001 (No. 28 of 2001))
Paper form — €15Electronic form — nil
Application for the formation by merger of a Societas Europaea pursuant to Regulation 4(1)(a) of the European Communities (European Public Limited Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €100Electronic form — not applicable
Application for the formation of a holding Societas Europaea pursuant to Regulation 4(1)(b) of the European Communities (European Public Limited Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €100Electronic form — not applicable
Application for the formation of a subsidiary Societas Europaea pursuant to Regulation 4(1)(c) of the European Communities (European Public Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €100Electronic form — not applicable
Application for the conversion of a public limited company to a Societas Europaea pursuant to Regulation 4(1)(d) of the European Communities (European Public Limited Liability) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €100Electronic form — not applicable
Application for the formation of a subsidiary Societas Europaea of a Societas Europaea pursuant to Regulation 4(1)(e) of the European Communities (European Public Limited Liability) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €60 Electronic form — not applicable
Application to transfer a Societas Europaea’s registered office to the State pursuant to Regulation 5 of the European Communities (European Communities (European Public Limited Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €100Electronic form — not applicable
Application to register the transfer of an Societas Europaea’s registered office from the State pursuant to Regulation 7 of the European Communities (European Public Limited Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 )
Paper form — €100Electronic form — not applicable
Registration of any notice and accompanying copy common draft terms of merger delivered to the registrar of companies by an Irish merging company pursuant to Regulation 8(1) of the European Communities (Cross-Border Merger) Regulations 2008 ( S.I. No. 157 of 2008 )
Paper form — €100 Electronic form — not applicable
Delivery to the registrar of companies of draft terms of conversion of a Societas Europaea into a public limited company for publication by the registrar of companies pursuant to Article 66(4) of Council Regulation No. 2157/2001/EC of 8 October 2001 1
Paper form — €100Electronic form — not applicable
Re-registration of a Societas Europaea as a public limited company following approval by the general meeting of the Societas Europaea of the draft terms of conversion pursuant to Article 66(6) of Council Regulation No. 2157/2001/EC of 8 October 2001
Paper form — €100Electronic form — not applicable
Delivery for registration, pursuant to Regulation 11(1)(a) of the European Communities (Mergers and Division of Companies) Regulations 1987 ( S.I. No. 137 of 1987 ), to the registrar of companies of a copy of the draft terms of merger, signed and dated, required by Regulation 6 of those Regulations and delivery to the registrar of companies, pursuant to Regulation 4(1) of the European Communities (European Public Limited-Liability Company) Regulations 2007 ( S.I. No. 21 of 2007 ), of particulars for publication set out in Article 21 of Council Regulation No. 2157/2001 of 8 October 2001, in respect of the formation of an Societas Europaea by means of a merger where the Societas Europaea will be registered outside the state
Paper form — €100Electronic form — not applicable
Subject to this Schedule, registration or application for registration of, or delivery or giving of, any document to the registrar of companies, pursuant to the Companies Acts
Paper form — €15Electronic form (where applicable) — nil
1 O.J. L.294 of 10.11.2001
”
GIVEN under my Official Seal,
30 July 2009
MARY COUGHLAN
Minister for Enterprise, Trade and Employment
EXPLANATORY NOTE
(This Note is not part of the instrument and does not purport to be a legal interpretation)
This Order alters the Eight Schedule to the Companies Act 1963 by substituting Part 1 of the Schedule.
The Order revokes the Companies (Fees) (No 4) Order 2005 ( S.I. No. 737 of 2005 and the Companies (Fees) Order 2006 (S. I. No. 502 of 2006).
1 O.J. L.294 of 10.11.2001

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