Circuit Court Rules

ORDER 53

RESTORATION OF COMPANIES TO THE REGISTER PURSUANT TO CHAPTER 2 OF PART 12 OF THE COMPANIES ACT 2014

1. In this Order, the “Act” means the Companies Act 2014.

2. All applications for the restoration of companies to the register of companies which may be made before the Court under the Act shall be by originating Notice of Motion grounded upon Affidavit. Every Motion issued under this Order shall name as the plaintiff the person mentioned in section 738(2) of the Act making the application or the Registrar of Companies as appropriate. The application shall be made to the Judge of the Circuit Court for the circuit mentioned in section 743 of the Act.

3. All applications pursuant to this Order shall be made in accordance with Form 41 in the Schedule of Forms. The Affidavit grounding such applications shall:

(a) specify the status of the Plaintiff in relation to the company sought to be restored;

(b) confirm that service has been effected on all persons requiring to have notice of the application and provide proof of service thereof;

(c) where the applicant is a creditor, provide details of the debt due, and the manner in which such debt has arisen, and include averments that such debt was due at the time the company concerned was struck off and that it is intended to pursue that debt as against the company concerned;

(d) where any notice party has given consent in writing to the application, exhibit such consent; and

(e) provide any other relevant information.

4. Notice of an application pursuant to this Order (as required by section 739 or section 741 of the Act) shall be served by registered post, or in any of the modes in which a Civil Bill may otherwise be served.

5. This Rule shall not apply to the Dublin Circuit. Every Motion issued under this Order shall state the date of commencement of the Sittings at which it is intended that the Motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof, shall be filed at the Office by the plaintiff not later than ten days before the commencement of such Sittings.

6. This Rule shall apply only to the Dublin Circuit. Every Motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the Office not later than ten days before such date.

[SI 471/15]

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