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Companies (Amendment) (No. 2) Act, 1999 (No. 30)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-3)1. Short title, collective citation, construction and commencement.2. Interpretation generally.3. Orders.Part II Examinerships (ss. 4-30)4. Definition.5. Amendment of section 2 of Act of 1990.6. Amendment of section 3 of Act of 1990.7. Pre-petition report in relation to company.8. Amendment of section 3(5) of Act of 19909. Interim protection pending report.10. Creditors to be heard.11. Availability of independent accountant's report.12. Amendment of section 4 of Act of 1990.13. Duty to act in good faith.14. Amendment of section 5 of Act of 1990.15. Restriction on payment of prepetition debts.16. Amendment of section 6 of Act of 1990.17. Disapplication of section 98 of Principal Act to receivers in certain circumstances.18. Repudiation of contracts.19. Amendment of section 8 of Act of 1990.20. Amendment of section 12 of Act of 1990.21. Hearing regarding irregularities.22. Amendment of section 18 of Act of 1990.23. Amendment of section 23 of Act of 1990.24. Amendment of section 24 of Act of 1990.25. Provisions with respect to guarantees.26. Provisions with respect to leases.27. Amendment of section 27 of Act of 1990.28. Priority of costs, remuneration and expenses of examiner.29. Amendment of section 30 of Act of 1990.30. Repeals.Part III Exemption from requirement to have accounts audited (ss. 31-39)31. Definitions.32. Exemption from requirement to have accounts audited.32A. Exemption conditional on timely filing of annual return.32B. Exemption conditional on notice under section 33(1) not being served.33. Section 32: supplemental provisions.34. Removal of auditor consequent on exemption being availed of.35. Appointment of auditor consequent on exemption ceasing to have effect.36. Application of Part.37. False statements in returns, balance sheets, etc.38. Application of Part to partnerships to which Part III of the 1993 Regulations applies.39. Saving.Part IV Miscellaneous (ss. 40-54)40. Amendment of section 16 of Investment Limited Partnerships Act, 1994.41. Amendment of section 240 of Companies Act, 1990.42. Additional requirement to be complied with before company may be formed.43. Company to have director resident in the State.44. Section 43: supplemental provisions.45. Limitation on number of directorships.46. Power of registrar to strike company off register for failure to make annual return.47. Amendment of section 195 of Principal Act.48. Exercise of power to strike company off register where it is not carrying on business.49. Amendment of section 311 of Principal Act.50. Amendment of section 311A of Principal Act.51. Amendment of section 8 of Companies (Amendment) Act, 1983.52. Performance of duties of registrar of companies.53. Amendment of sections 20 and 21 of Companies Act, 1990.54. Amendment of Part XIII (Investment Companies) of Companies Act, 1990.First Schedule Specific Provisions from which Company is Exempted under Part IIISecond Schedule List of Companies for Purposes of Section 3(2) (c) of Act of 1990 and Sections 32 and 45
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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Published date: 15 December 1999

Companies (Amendment) (No. 2) Act, 1999 (No. 30)

Introductory Text
Acts Referred to
Part I Preliminary and General (ss. 1-3)
1. Short title, collective citation, construction and commencement.
2. Interpretation generally.
3. Orders.
Part II Examinerships (ss. 4-30)
4. Definition.
5. Amendment of section 2 of Act of 1990.
6. Amendment of section 3 of Act of 1990.
7. Pre-petition report in relation to company.
8. Amendment of section 3(5) of Act of 1990
9. Interim protection pending report.
10. Creditors to be heard.
11. Availability of independent accountant's report.
12. Amendment of section 4 of Act of 1990.
13. Duty to act in good faith.
14. Amendment of section 5 of Act of 1990.
15. Restriction on payment of prepetition debts.
16. Amendment of section 6 of Act of 1990.
17. Disapplication of section 98 of Principal Act to receivers in certain circumstances.
18. Repudiation of contracts.
19. Amendment of section 8 of Act of 1990.
20. Amendment of section 12 of Act of 1990.
21. Hearing regarding irregularities.
22. Amendment of section 18 of Act of 1990.
23. Amendment of section 23 of Act of 1990.
24. Amendment of section 24 of Act of 1990.
25. Provisions with respect to guarantees.
26. Provisions with respect to leases.
27. Amendment of section 27 of Act of 1990.
28. Priority of costs, remuneration and expenses of examiner.
29. Amendment of section 30 of Act of 1990.
30. Repeals.
Part III Exemption from requirement to have accounts audited (ss. 31-39)
31. Definitions.
32. Exemption from requirement to have accounts audited.
32A. Exemption conditional on timely filing of annual return.
32B. Exemption conditional on notice under section 33(1) not being served.
33. Section 32: supplemental provisions.
34. Removal of auditor consequent on exemption being availed of.
35. Appointment of auditor consequent on exemption ceasing to have effect.
36. Application of Part.
37. False statements in returns, balance sheets, etc.
38. Application of Part to partnerships to which Part III of the 1993 Regulations applies.
39. Saving.
Part IV Miscellaneous (ss. 40-54)
40. Amendment of section 16 of Investment Limited Partnerships Act, 1994.
41. Amendment of section 240 of Companies Act, 1990.
42. Additional requirement to be complied with before company may be formed.
43. Company to have director resident in the State.
44. Section 43: supplemental provisions.
45. Limitation on number of directorships.
46. Power of registrar to strike company off register for failure to make annual return.
47. Amendment of section 195 of Principal Act.
48. Exercise of power to strike company off register where it is not carrying on business.
49. Amendment of section 311 of Principal Act.
50. Amendment of section 311A of Principal Act.
51. Amendment of section 8 of Companies (Amendment) Act, 1983.
52. Performance of duties of registrar of companies.
53. Amendment of sections 20 and 21 of Companies Act, 1990.
54. Amendment of Part XIII (Investment Companies) of Companies Act, 1990.
First Schedule Specific Provisions from which Company is Exempted under Part III
Second Schedule List of Companies for Purposes of Section 3(2) (c) of Act of 1990 and Sections 32 and 45
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