Multi-Unit Developments Act 2011

30.

Restoration of certain companies to register.

30.— (1) Where a company to which this section applies has been struck off the register in accordance with—

( a) section 311 of the Act of 1963, or

( b) section 12 of the Act of 1982,

then, without prejudice to the provisions of section 311(8) or 311A(1) of the Act of 1963 or subsection (3) or (7) of section 12B of the Act of 1982, if a member or officer of a company is aggrieved by the fact of the company having been struck off the register under section 311 of the Act of 1963 or section 12 of the Act of 1982 the registrar of companies, on an application made in the prescribed form by the member or officer before the expiration of 6 years from the publication in Iris Oifigiúil F1 [ or, as the case may be, the Companies Registration Office Gazette ] of the notice that the company was struck off the register, provided that the registrar has received all annual returns outstanding, if any, from the company, may restore the name of the company to the register.

(2) Upon the registration of an application under subsection (1) and on payment of such fees as may be prescribed, the company shall be deemed to have continued in existence as if its name had not been struck off.

(3) This section applies to a company—

( a) which is an owners’ management company, and

( b) which immediately prior to the name of the company having been struck off the register pursuant to section 311 of the Act of 1963 or section 12 of the Act of 1982 had vested in it ownership of the common areas or a part thereof of the multi-unit development in respect of which the company was incorporated.

(4) Each application pursuant to subsection (1) shall be accompanied by a certificate from a solicitor or an accountant certifying that the company is an owners’ management company operating as such.

(5) In this section “prescribed” means prescribed by regulations made by the Minister having consulted with the Minister for Enterprise, Trade and Innovation.

Annotations:

Amendments:

F1

Inserted (1.06.2015) by Companies Act 2014 (38/2014), s. 1445, S.I. No. 169 of 2015.

Modifications (not altering text):

C1

References to provisions of prior Companies Acts construed (1.06.2015) by Companies Act 2014 (38/2014), ss. 5(7) and sch. 6 para. 11(2)(c), S.I. No. 169 of 2015.

SCHEDULE 6

FURTHER SAVINGS AND TRANSITIONAL PROVISIONS

References in enactments to provisions of prior Companies Acts

11.— (1) A reference in any enactment to a provision of the prior Companies Acts, being a provision that is repealed by this Act and which corresponds to a provision of this Act, shall, unless the context otherwise requires, be read as a reference to that provision of this Act.

(2) Without prejudice to the generality of subparagraph (1)— ...

(c) the references in section 30 of the Multi-Unit Developments Act 2011 to section 311 or 311A of the Act of 1963 or section 12 or 12B of the Companies (Amendment) Act 1982, or to a particular provision of any such section, shall be read as references to Chapter 1 or, as appropriate, Chapter 2 of Part 12 or, as the case may be, the corresponding provision of either such Chapter.

...

Editorial Notes:

E3

Power pursuant to section exercised (30.11.2016) by Multi-Unit Developments Act 2011 (Prescribed Form and Fee) Regulations 2016 (S.I. No. 579 of 2016), in effect as per reg. 1(2).

E4

Previous affecting provision: power pursuant to section exercised (13.09.2011) by Multi-Unit Developments Act 2011 (Prescribed form and fee) (No. 2) Regulations 2011 (S.I. No. 468 of 2011); revoked (30.11.2016) by Multi-Unit Developments Act 2011 (Prescribed Form and Fee) Regulations 2016 (S.I. No. 579 of 2016), reg. 5, in effect as per reg. 1(2).

E5

Previous affecting provision: power pursuant to section exercised (2.03.2011) by Multi-Unit Developments Act 2011 (Prescribed form and fee) Regulations 2011 (S.I. No. 97 of 2011); revoked (13.09.2011) by Multi-Unit Developments Act 2011 (Prescribed form and fee) (No. 2) Regulations 2011 (S.I. No. 468 of 2011), reg. 4.