Central Bank (Supervision and Enforcement) Act 2013

87.

Amendment of section 3 of Companies (Amendment) Act 1990.

87.— Section 3 of the Companies (Amendment) Act 1990 is amended—

( a) in subsection (2)—

(i) in paragraph ( a) by substituting “only by the Central Bank or by the company acting with the prior consent of the Central Bank,” for “only by the Minister”,

(ii) in paragraph ( b) by inserting “or by the company with the prior consent in writing of the Central Bank” after “the Central Bank”, and

(iii) by deleting paragraph ( c)(ii),

and

( b) by inserting the following after subsection (2):

“(2A) Where a petition is presented under subsection (2) otherwise than by the Central Bank—

( a) the petitioner—

(i) subject to subsection (2B), shall, before he or she presents the petition at the office of the court, cause to be received by the Central Bank a notice in writing of his or her intention to present the petition, and

(ii) shall serve a copy of the petition on the Central Bank as soon as may be after the presentation of it at the office of the court,

and

( b) the Central Bank shall be entitled to appear and be heard at any hearing relating to the petition.

(2B) A notice under subsection (2A)( a)(i) shall not be required if the petitioner is the company.”.