Companies Act 2014

726

Grounds for involuntary strike off

726. The grounds referred to in section 725(1)(a) are:

(a) the company has failed to make an annual return as required by section 343;

(b) the Revenue Commissioners have given a notice under section 882(3) of the Taxes Consolidation Act 1997 to the Registrar of the company’s failure to deliver the statement required under section 882 of that Act;

(c) the Registrar has reasonable cause to believe that section 137(1) is not being complied with in relation to the company;

(d) the company is being wound up and the Registrar has reasonable cause to believe that no liquidator is acting;

(e) the company is being wound up and the Registrar has reasonable cause to believe that the affairs of the company are fully wound up and that the returns required to be made by the liquidator have not been made for a period of 6 consecutive months;

(f) there are no persons recorded in the office of the Registrar as being current directors of the F549[company;]

F550[(g) the Registrar has sent a notice to the directors and secretary of the company under section 50(5A) and the company has failed to deliver to the Registrar—

(i) a declaration as requested in that notice within the period specified in paragraph (b) of that subsection, or

(ii) a notice of a change in the situation of the registered office of the company under section 50(3);

(h) a current secretary of the company is not recorded in the office of the Registrar;

(i) the Registrar of Beneficial Ownership has given a notice to the Registrar, in accordance with section 724B, of the company’s failure to deliver the information required by paragraph (1) or (2) of Regulation 20 of the RBO Regulations.]

Annotations

Amendments:

F549

Substituted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 59(a), S.I. No. 639 of 2024.

F550

Inserted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 59(b), S.I. No. 639 of 2024.