Superior Court Rules

ORDER 77

FUNDS IN COURT

[SI 51/05]

I. Preliminary

1. In this Order the following terms shall have the several meanings hereby assigned to them:

‘carry-over’ in relation to a fund in court means to transfer the fund or any part thereof from one account to another in the Accountant’s books, and cognate words shall be construed accordingly;

‘funds’ or ‘funds in court’ means any moneys, annuities, stocks, shares or other securities standing or to be placed to the account of the Accountant in the books of the Bank or any company, and includes boxes and other effects;

‘ledger credit’ means the title of the cause or matter and the separate account (if any) opened or to be opened under an order or otherwise in the records of the Accountant, and to which any funds are credited or to be credited.

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II. Preparation of Orders to be acted upon by the Accountant and particulars relating thereto

2. (1) Every order which directs funds to be lodged in court shall have annexed thereto as part thereof a schedule, to be styled the lodgement schedule, which shall be headed with the title of the cause or matter, the date of the order, and the title of the ledger credit to which the funds are to be placed; and shall set out in a tabular form:

(a) the name, or a sufficiently identifying description of the person, by whom the funds are to be lodged;

(b) the amount, if ascertained, and the description of the funds.

(2) When an order has directed the sale of any property and the lodgement of the proceeds thereof in court or has directed the lodgement of funds due from persons liable to account, the authority for such lodgement may be a lodgement schedule signed by the Examiner or Registrar; and such lodgement schedule shall operate in the same manner as a lodgement schedule annexed to an order.

(3) Save where a direction is transmitted electronically pursuant to rule 21(7) of this Order, the lodgement schedule shall be prepared upon a printed form according to the Form No 1 in Appendix P., and may direct the investment and accumulation of the funds or the dividends or interest on the funds to be lodged; and may also direct that the funds shall not be dealt with without notice to the purchaser or other person named in such schedule.

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3. (1) Every order which directs funds in court to be paid, sold, transferred or delivered, or carried over to any other ledger credit than that to which the same are standing, or to be otherwise dealt with by the Accountant, shall have annexed thereto as part thereof a schedule, to be styled the payment schedule, which shall be headed with the title of the cause or matter with its record number, the date of the order, and the ledger credit to which the funds dealt with are standing. The payment schedule shall contain as part of the heading a statement of the funds with which, or with part of which, or with the interest or dividends on which the Accountant is to deal, describing them, if already in court, as they appear in the Accountant’s certificate, or if not already in court, stating the source from which they are to be derived. The payment schedule shall set out in a tabular form–

(a) the name of each person to whom payment, transfer, or delivery of any funds is to be made, unless the name is to be stated in a certificate of the Examiner, Registrar or Legal Costs Adjudicator, or unless such payment, transfer or delivery is to be made to trustees or other persons in succession, or to representatives when no probate or letters of administration shall have been taken out at the date of the order;

(b) the name shall be in full (the given name preceding the surname) except in the case of a payment to a firm or company when the business title of such firm or company may be stated;

(c) when a payment is to be made to a person named in the schedule, the address (if known at the time of preparing the schedule) of such person or, in the case of a payment to two or more persons jointly, of one of such persons;

(d) when the person is entitled as a trustee, executor, or administrator, or otherwise than in his own right or for his own use, that fact;

(e) when the payment is directed to be made during the minority of an infant, the date of birth;

(f) the title of the ledger credit or separate account to which any funds are to be carried over;

(g) the amount and description of the funds in each case to be paid, sold, transferred, delivered, or carried over so far as the same can be then stated; and where the actual amounts to be dealt with cannot be ascertained at the date of the order, and are not to be subsequently ascertained by any means provided for by the order or by this Order, the several parts to be dealt with;

(h) the nature and necessary particulars of any other dealings with such funds by the Accountant;

(i) when stock equivalent to an ascertained sum of cash is ordered to be transferred, or carried over, or cash equivalent to an ascertained sum of stock is to be paid or carried over, such ascertained sum of stock or cash shall be expressed in the schedule in the proper column.

(2) In the body of the schedule short descriptions may be used, and it shall not be necessary to add that the specific amounts dealt with form part of the larger amount of any like funds mentioned in the heading. When an order merely substitutes the name of one person for that of another mentioned in a former order the amount of the funds to be dealt with may be stated by reference to the former order. The word ‘interest’ in the schedule shall, unless otherwise specified, mean the dividends and interest on all the funds mentioned in the heading.

(3) Save where a direction pursuant to an order to which this rule refers is authorised to be transmitted electronically in accordance with sub-rule (4) of this rule, the payment schedule shall be prepared upon a printed form according to the Form No 2 in Appendix P.

(4) A direction pursuant to an order to which this rule refers may be transmitted to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the High Court may from time to time direct.

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4. When funds in court are by an order directed to be carried over to a separate account, the title of the ledger credit to be opened for the purpose, shall, unless the order otherwise directs, commence with the title of the cause or matter to which such funds are standing.

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5. Every order which directs or authorises the lodgement of funds in court and also deals with such funds or any part thereof, or with any funds already in court to the same ledger credit, shall have annexed thereto as part thereof a combined lodgement and payment schedule, in the Form No 3 in Appendix P.

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6. When funds to be lodged in court under an order are by the same order directed to be placed to two or more ledger credits, separate lodgement schedules shall be made out for such respective ledger credits; and when funds standing to two or more ledger credits are dealt with by the same order, separate payment schedules shall be made out for such ledger credits respectively.

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7. The lodgement and payment schedules, respectively, shall contain the whole of the instructions intended by the orders of which they severally form part to be acted upon by the Accountant, and all particulars necessary to be known by him, so far as such instructions and particulars are capable of being expressed at the date of the order and the Accountant shall only be responsible for giving effect to such instructions so intended to be given by the order as are expressed in the lodgement or payment schedule thereto. The instructions and particulars contained in a lodgement or payment schedule shall not be set forth in the body of the order, but shall only be therein referred to as appearing by the schedule, unless for any special cause it shall in the opinion of the Judge by whom the order is made, or the Registrar by whom the same is drawn up, be necessary to set forth some part of such instructions or particulars both in the body of the order and in the schedule.

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8. (1) When an order directs any sums to be ascertained by the certificate of the Examiner, Registrar or Legal Costs Adjudicator, or in any other manner, and to be afterwards dealt with by the Accountant, it shall be so expressed in the payment schedule. Such certificate or other authority, or an attested copy of the same, or of so much thereof as shall be necessary, shall (save where the same is authorised to be transmitted electronically in accordance with sub-rule (2)) be sent to the Accountant. Such certificate shall be in the Form No 4 in Appendix P.

(2) A certificate or other authority referred in sub-rule (1) of this rule may be transmitted to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the High Court may from time to time direct.

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9. (1) When an order directs payment out of a fund in Court of any costs directed to be adjudicated, the Legal Costs Adjudicator shall state in his certificate of determination the name and address of the person to whom such costs are payable. Save where a certificate is authorised to be transmitted electronically under sub-rule (2), such certificate shall be in the Form No 5 in Appendix P, and an attested copy thereof shall be sent to the Accountant.

(2) A certificate referred in sub-rule (1) of this rule may be transmitted to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the High Court may from time to time direct.

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10. Interest certified by the Examiner or Legal Costs Adjudicator, may, unless the order otherwise directs, be computed to a day subsequent to the date of the certificate and to be named therein as the day for payment, so as to allow a reasonable time for doing all necessary acts to enable the payment to be made. The Examiner or Legal Costs Adjudicator may require a statement in writing of such computation, authenticated by the signature of the solicitor having the carriage of the order, to be produced before preparing the certificate, but no affidavit verifying such computation shall be required.

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11. When an order directs payment of interest in respect of any money in Court without being certified by the Examiner, Registrar, Legal Costs Adjudicator or other person, the payment schedule shall state the rate of interest, the period for which it is to be computed or (where that period cannot be fixed by the order) the day from which it is to be computed, and the amount of such interest (if ascertainable at the date of the order).

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12. In every case in which interest is to be computed, income tax (if any) shall, in making such computation, be deducted therefrom at the rate payable during the time such interest accrues, unless the order otherwise directs. The Accountant shall pay the amount of tax deducted to the Accountant General of Revenue (Cashier).

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13. Whenever the dealing by the Accountant with funds in court is by an order made contingent upon the execution of some document it shall be so expressed in the payment schedule. The execution of such document shall be certified by the Examiner or Registrar unless the order directs that it be verified by affidavit, and such certificate or affidavit shall state the particular amount of funds to be dealt with. Such certificate shall be in the Form No 6 in Appendix P.

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14. When an order directs the payment of dividends, annuities, or other periodical payments, to be made by the Accountant there shall be stated in the payment schedule (except in the case of dividends payable as they accrue due) the time when, and the name and address of the person to whom the first of such payments and the times when all subsequent periodical payments, whether quarterly, half-yearly, yearly, or otherwise, are to be made.

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15. When an order directs the payment, transfer or delivery of funds in court in respect of which legacy or succession duty shall be payable, and does not direct the payment of such duty, it shall be stated in the payment schedule that such payment, transfer or delivery is subject to duty, and in such case the Accountant is to have regard to the circumstance that such duty is payable; and when by an order funds in respect of which such duty may be chargeable are directed to be invested, carried over, or placed to a separate account, the words ‘subject to duty’ shall be added in the schedule to the separate account directed to be opened.

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16. When a person to whom payment, transfer, or delivery of funds in Court is directed is entitled thereto as real estate, or as trustee, executor, administrator, or otherwise than in his own right or for his own use, the fact that he is entitled to the same as real estate, or the character in which he is so entitled, shall be stated in the payment schedule to the order, or in the certificate of the Examiner or Legal Costs Adjudicator.

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17. Every notice of motion which deals in any way with funds in court shall have a schedule annexed thereto containing the particulars, so far as the same have been ascertained, which are required by this Order to be contained in the order sought thereby, and in the same form as a lodgement schedule or a payment schedule, as the case may be. When the person, credit, or amount in any case has not been ascertained, and it is sought that the same shall be ascertained by the order to be made on such notice, the schedule thereto shall be filled in the proper columns thereof with the name, credit, or amount proposed, and in case that cannot be done without an order, blanks shall be left in the proper places in the schedule to be filled by the proper officer on the hearing of the motion.

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18. The payment schedule annexed to any order for the payment, transfer or delivery of any funds shall be filed in the Central Office (except in the case of Wards of Court when it shall be filed in the Office of Wards of Court), and an attested copy thereof shall thereupon be sent to the Accountant–

(a) in the case of the Central Office, by the officer for the time being managing that office or such other officer or officers as he may from time to time in that behalf designate, and

(b) in the case of the Office of Wards of Court, by the Registrar of Wards of court or such other officer or officers as he may from time to time in that behalf designate.

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19. (1) Save where a direction, certificate or other authority is authorised to be transmitted electronically in accordance with rules 3(4) and 21(7) of this Order, an attested copy of the schedules to an order shall be the Accountant’s authority for giving effect to the several operations directed therein. No part of the order other than the schedules thereto shall be sent to the Accountant.

(2) The President of the High Court may specify conditions for the electronic transmission of directions for payment for the purpose of enabling verification of the authenticity of a direction.

(3) A direction that is transmitted in compliance with any conditions specified pursuant to sub-rule (2) of this rule shall be the Accountant’s authority for giving effect to the several options directed therein.

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III. Lodgement of funds in court

20. (1) Money to be lodged in court shall be paid in at the Accountant’s Office or, where the Accountant directs, at the Bank and placed in the records of the Bank to the account of the Accountant, and the Accountant or the Bank, as the case may be, shall cause a receipt to be given to the person making the payment.

(2) All securities to be transferred into court shall be transferred to the said account in the books of the Bank, or any company, or other body corporate in whose books such securities are registered.

(3) Any effects brought to the Bank to be deposited in court to the said account shall be deposited in locked boxes or in such other manner as shall satisfy the Bank, and before taking custody of a box the officer acting on behalf of the Bank may, at his discretion, require an inspection of its contents in the presence of the person depositing it.

(4) Cheques for lodgement of money in court shall be made payable to the Accountant.

(5) The Accountant shall cause all monies paid in at the Accountant’s Office pursuant to sub-rule (1) hereof to be lodged with the Bank as soon as is practicable and the Bank shall cause a receipt to issue to the Accountant for every such lodgement.

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21. (1) Save where a direction for lodgement is transmitted electronically pursuant to sub-rule (7) of this rule, a direction for a lodgement pursuant to an order or a lodgement schedule signed by the Examiner shall be issued by the Accountant upon receipt of a copy of the lodgement schedule; and a direction for a lodgement under the Trustee Act, 1893, or the Judicature Act, 1877, section 28(6), shall be issued by him upon receipt of an attested copy of the schedule mentioned in rule 29.

(2) A lodgement of funds in court not directed by an order may be made upon a direction to the Bank or other company, to be issued by the Accountant upon a request for lodgement signed by or on behalf of the person desiring to make such lodgement; provided that no such lodgement shall be placed in the Accountant’s records to a separate account in a cause or matter unless an order has directed such separate account to be opened. A request under this sub-rule shall be in the Form No 7 or 8, as appropriate, in Appendix P.

(3) (a) The request for a direction under this rule shall state the name of the person by or on whose behalf the funds are to be lodged, the ledger credit in the Accountant’s records into which the funds are to be placed, and the date of the authority or certificate (if any) in pursuance of which the funds are to be lodged. Where a lodgement is made pursuant to Order 22 the request shall state whether it is to be invested. Where so invested the defendant shall be entitled to any capital gain or income accruing thereon and said capital gain or income shall not be treated for the purpose of Order 22, rule 6 as part of the amount paid into court. A request under this sub-rule shall be in the Form No 9 in Appendix P.

(b) When notification of acceptance of a lodgement has been received in accordance with rule 32 and if the proceedings thereby become stayed in accordance with Order 22, the capital gain or income to which a defendant is entitled under paragraph (a) of this sub-rule shall, where the sum lodged is lodged by a solicitor on behalf of the defendant, be paid out to the solicitor then acting on behalf of the defendant unless otherwise ordered by the court. Such payment shall be made upon a request or authority to be made in the Form No 11 in Appendix P as adapted for this purpose.

(c) Where money has been lodged on behalf of the defendant and where the plaintiff duly consents to the payment out to the defendant of the money so lodged, such sum together with any capital gain thereon or income therefrom shall be paid out to the solicitor then acting on behalf of the defendant unless otherwise ordered by the court. Such payment shall be made upon a request or authority together with a letter of consent for this purpose from the plaintiff or his solicitor, as the case may be. The proceedings shall thereupon be stayed and the defendant shall, unless it is otherwise agreed by the parties or ordered by the court, be entitled to tax his costs up to the date of payment out and 48 hours after taxation may sign judgement for his taxed costs.

(d) In any other case, no payment of money lodged (or capital gain thereon or income therefrom) shall be made to a defendant unless ordered by the court.

(4) In cases of funds to be lodged in pursuance of the Lands Clauses Consolidation Act, 1845, or of the Railways Act (Ireland), 1851, and of any Act incorporating the same, the further particulars required under rule 28 shall be stated in the request; and when (otherwise than as hereinbefore provided) funds are to be lodged in court in pursuance of a statute under which some specific authority is necessary for such lodgement, the request for a direction for lodgement shall contain a reference to such statute and authority, and the requisite authority shall be left at the Accountant’s Office.

(5) A direction for the lodgement in court of money or for the transfer into court of securities forming part of the estate of a ward of court shall be issued by the Accountant on a request for lodgement or, as the case may be, a request for transfer, signed by the Registrar of Wards of Court.

(6) The request under sub-rule (5) shall state the name of the person by or on whose behalf the money is to be lodged or the securities are to be transferred and the ledger credit to which the money is or, as the case may be, the securities are, to be lodged and shall be in the Form No 9A or Form No 9B in Appendix P.

(7) Any direction pursuant to an order or to a lodgement schedule signed by the Examiner and any request directed to the Accountant by the Registrar of Wards of Court, for the lodgement of funds in court, may be transmitted to the Accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the High Court may from time to time direct.

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22. When a lodgement is made pursuant to Order 22 the notice or pleading shall be produced at the Accountant’s Office, and a receipt for the lodgement shall be given thereon.

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23. In admiralty actions the request for lodgement shall include the name of the ship or the description of the property in relation to which the action is brought.

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24. In every case of a lodgement under the provisions of Order 22, the Accountant shall cause an entry to be made in his records indicating the circumstances under which the money is stated to be lodged.

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25. A request or authority for the issue by the Accountant of a direction for the lodgement of funds in court may be sent to the Accountant by post.

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26. (1) A person directed to make a lodgement in court pursuant to an order or a lodgement schedule signed by the Examiner, shall be at liberty to make the same without further order, notwithstanding that the order may not have been served, or the time thereby limited for making such lodgement may have expired.

(2) Where the time limited for making such a lodgement has expired, the person required to make the lodgement shall pay into court an additional sum by way of interest upon the amount to be lodged at such rate or rates and subject to such conditions and exceptions as the President of the High Court may from time to time direct.

(3) If any further sum of money has by reason of such default become payable by such person for interest, or in respect of dividends or otherwise, he shall be at liberty to lodge in court such further sum upon a request as hereinbefore provided; provided that any subsequent lodgement shall not affect or prejudice any liability, process, or other consequence to which such person may have become subject by reason of his default in making the same within the time so limited.

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27. When securities have been transferred in the records of a company to the Accountant’s account in accordance with a direction, the company in whose records such securities have been transferred shall forthwith send such direction to the Accountant, with a certificate thereon that the funds specified have been transferred as therein authorised, and shall therewith send the stock or share certificates (if any) of the securities so transferred.

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28. Money lodged in court pursuant to the Lands Clauses Consolidation Act, 1845, section 69, and any statute incorporating the same, shall be placed in the records of the Accountant to the credit of ex parte the promoters of the undertaking, in the matter of the special Act (citing it) and some words shall be added in each case briefly expressive of the nature of the disability to sell and convey, by reason of which the money shall be so paid in, which particulars shall be stated in the request for the direction for the lodgement.

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29. When a trustee or other person desires to lodge funds in court under the Trustee Act, 1893, or the Supreme Court of Judicature (Ireland) Act, 1877, section 28(6), he shall annex to the affidavit to be filed by him a schedule in the same printed form as the lodgement schedule to an order, setting forth–

(a) his name and address;

(b) the amount and description of the funds proposed to be lodged in court;

(c) the ledger credit in the matter of the particular trust or debt to which the funds are to be placed;

(d) a statement whether legacy or succession duty (if chargeable) or any part thereof has or has not been paid;

(e) a statement whether the money or the dividend on the securities so to be lodged in court, and all accumulations of dividends thereon, are desired to be invested in any and what description of authorised securities, or whether it is deemed unnecessary to invest the same.

An attested copy of such schedule is to be left with the Accountant.

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30. Any principal money or dividends received by the Bank in respect of securities standing to the Accountant’s account shall be lodged to that account.

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IV. Appropriation under Order 22, rule 9, of money lodged in court

31. When a defendant has lodged money in court as a condition of liberty to defend and desires to appropriate the whole or any part of such money to the whole or any specified portion of the plaintiff’s claim pursuant to Order 22, rule 9, he or his solicitor shall leave at the Accountant’s Office a notice of such appropriation in the Form No 10 in Appendix P and thereupon for the purpose of payment out of court the money mentioned in the notice shall be subject to the provisions of rule 32.

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V. Payment, delivery and transfer of funds out of court, and other dealings with the funds

32. (1) When money has been lodged in satisfaction of a claim under Order 22, payment shall be made by the Accountant to the person in satisfaction of whose claim it has been lodged, or to the person otherwise entitled thereto or, on the written authority of either such person, to his solicitor, upon receipt of a notification that the plaintiff accepts the sum lodged in satisfaction, and that due notice has been given of such acceptance, within the time limited by Order 22, rule 4, and upon a request or authority for payment of the same; such notification and request or authority to be in the Form No 11 in Appendix P; provided that no payment shall be made under this rule –

(a) where a defence of tender before action has been pleaded,

(b) where money has been lodged by one or more of several defendants, or

(c) where the claim is made by or for the benefit of an infant or person of unsound mind.

(2) When a request is made for payment of money lodged in court on a notice, such notice shall, whenever so required, be produced to the Accountant.

(3) Except as in this rule or in rule 21 provided, the money so lodged shall only be paid out in pursuance of an order.

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33. Except where otherwise provided by these Rules and subject to the provisions therein contained, funds in court shall not be paid, delivered or transferred out of court nor invested, sold or carried over, unless in pursuance of an order.

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34. (1)(a) Every direction issued by the Accountant for the payment, delivery or transfer of funds or securities out of court or for the sale, investment or carrying over of funds (other than one transmitted by electronic means in pursuance of sub-rule (6) of this rule), shall be signed by –

(i) the Accountant or, in his absence, the deputy Accountant, or

(ii) the Chief Clerk of the Accountant’s office.

(b) The name of every officer authorised to countersign directions in pursuance of paragraph (a) hereof shall be notified to the Bank and to any other company required to act on such directions together with the period during which, in the case of temporary appointment, the authorisation is to continue; and such notification shall, in the case of the Accountant and the Deputy Accountant, be under the hand of the Chief Executive of the Courts Service.

(2) (a) Every such direction shall be countersigned by such officer in the Accountant’s Office as shall have been appointed by the Accountant for that purpose.

(b) The name of every officer authorised to countersign directions in pursuance of paragraph (a) hereof shall be notified to the Bank and to any other company required to act on such directions together with the period during which, in the case of temporary appointment, the authorisation is to continue; and such notification shall be under the hand of the Accountant or Chief Clerk of the Accountant’s Office.

(3) An officer countersigning any such direction shall compare it with the copy of the schedule as filed in the Accountant’s Office, and shall satisfy himself that such direction is authorised by and in conformity with such schedule. Such officer shall note the directions that he countersigns, and the date of countersigning, in the copy of the schedule.

(4) The name of every officer authorised to sign directions in pursuance of sub-rule (1) hereof and of every officer authorised to countersign directions in pursuance of sub-rule (2) hereof shall be notified to the Bank and to any other company required to act on such directions together with the period during which, in the case of temporary appointment, the authorisation is to continue; and such notification shall be under the hand of the Accountant or Chief Clerk.

(5) Directions countersigned by any such officer during the continuance of his authority shall be sufficient, although the same shall not be presented to be acted on until after his authority shall have ended.

(6) The Accountant may effect payment, delivery or transfer of funds or securities out of court or the sale, investment or carrying over of funds electronically in such form and manner and subject to such conditions and exceptions as the President of the High Court may from time to time direct.

(7) In this rule the word ‘direction’ means a cheque, draft, warrant, or other authority to the Bank to pay or receive money lodged or to be lodged in court or an instrument transferring any stocks or shares standing in the name of the Accountant.

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35. (1) Where the Accountant is required by order or otherwise to pay any dividend, annuity or other periodical payment, he shall, at the expiry of 11 months from the date of the first such payment, and at intervals of not more than 12 months thereafter, cause inquiries to be made for the purpose of reviewing the relevant particulars of the payee and revising his records where appropriate.

(2) Unless the order or authority for payment directs otherwise, where a person (in this rule referred to as ‘the payee’) is entitled under an order or authority for payment to receive a payment, the following provisions shall apply:

(a) where –

(i) within 14 days from the date of the order or other authority for payment the Accountant receives a request in writing from the payee that the direction for payment be delivered to the payee at the Office of the Accountant, and

(ii) the payee thereafter attends personally at the Office of the Accountant, the Accountant may deliver the direction for payment to the payee at the Office of the Accountant;

(b) where a power of attorney in the Form No 12, Appendix P executed by the payee and attached in accordance with the instructions appended to such form, is sent or delivered to the Accountant, he may deliver the direction for payment to the attorney nominated by the payee –

(i) in person,

(ii) by transfer to an account in the name of the attorney, as the attorney may, by request made in writing, require, or

(iii) by post, to an address specified in writing by the attorney.

(3) (a) Before directing any payment whether authorised by order or other authority, the Accountant may require evidence of the identity of the payee or, as the case may be, any attorney nominated by a power of attorney in accordance with sub-rule (2)(b) of this rule to accept such payment, sufficient to satisfy the Accountant.

(b) Where the direction for payment is a draft, the same shall be payable to the payee, and crossed so as to be payable only through a banker.

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36. The directions of the Accountant issued under this Order (signed and countersigned by such officers as hereinbefore in that behalf mentioned) shall be sufficient authority to the Bank for the payment of the money specified in any such directions, and shall be the necessary and sufficient evidence of an order to authorise the Bank or other company to transfer, on sale or otherwise, or to deliver, any securities or boxes or other effects standing to the account of the Accountant which may be specified in any such directions.

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37. When payment is made by the Bank under a direction or other document by which payment of money is to be effected, such payment shall be a good discharge to the Accountant for the amount therein expressed if such direction or document has been indorsed or signed by the payee or his lawful attorney or if such payment is made, without such endorsement or signature, by the Bank in good faith and in the ordinary course of business to the credit of the payee’s account at the Bank or to another bank for the credit of the payee’s account at that bank.

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38. (1) When money in court or any sum payable thereout is by an order directed to be paid to any public officer or department, or to the official liquidator of any company, or any other official person for whom an account is kept at the Bank, payment thereof shall, on a requisition to that effect, be made by a direction to the Bank to transfer the amount of such payment to the account at the Bank of such public officer or official person accordingly.

(2) When a person to whom money is payable in his own right under an order is bankrupt, the Accountant, upon the request of the Official Assignee or other duly authorised person, shall transfer the amount so payable to the proper account at the Central Bank of Ireland.

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39. (1) When money in court is directed or required to be invested such investment shall, subject to sub-rule (2) hereof, be held in the name of the Accountant.

(2) When money in court is directed or required to be invested, such investment may:

(a) in the case of funds in court standing to the credit of a ward of court:

(i) be held, as to the whole or part or parts thereof, in the name of such nominee or nominees and sub-nominee or sub-nominees as the Accountant may, with the approval of the court, specify; or

(ii) where the court has authorised the Registrar of Wards of Court to give directions as to investment, be held, as to the whole or part or parts thereof, in the name of such nominee or nominees and sub-nominee or sub-nominees as the Registrar of Wards of Court may specify;

(b) in any other case be held, as to the whole or part or parts thereof, in the name of such nominee or nominees and sub-nominee or sub-nominees as the Accountant may, with the approval of the court, specify.

(3) Where the Accountant is directed or required to sell, encash or otherwise realise an investment he shall give all such necessary directions for that purpose as soon as may be and shall ensure that the proceeds of such sale, encashment or realisation shall be paid as soon as may be to the account of the Accountant.

[SI 51/05]

Amendment history

40. When securities in court are directed to be transferred, delivered out, or carried over, dividends accruing thereon subsequently to the date of the order directing the transfer, delivery, or carrying over (when the amount of the securities to be transferred, delivered, or carried over is specified in such order, or if not so specified, then subsequently to the time when the amount of such securities shall be ascertained) shall be paid to the persons to whom or carried over to the credit to which the securities are to be transferred, delivered, or carried over, unless such order otherwise directs. When securities in court are directed to be realised, and the whole of the proceeds paid out or carried over in one sum, or in separate sums (except when the realisation is to raise a specific sum of money), any dividends accruing on such securities subsequent to the date of the order directing the realisation (if the amount of such securities is specified in the order, or if not so specified, then subsequently to the time when such amount shall be ascertained) shall be added to such proceeds, and applied in like manner therewith, unless such order otherwise directs.

[SI 51/05]

41. When such dividends as in rule 40 mentioned have, pursuant to a general or other previous order, been invested, the securities purchased with such dividends shall unless otherwise directed, be transferred or delivered, and any dividends accrued in respect thereof be paid to the persons to whom or carried over to the credit to which such first-mentioned dividends would if uninvested have been paid or carried over.

[SI 51/05]

42. When under any order dividends on securities in court are directed to be dealt with, and a subsequent order is made dealing with part of such securities, the dividends on the residue shall, unless such subsequent order shall otherwise direct, continue to be dealt with in the same manner as the dividends on such securities were by the prior order directed to be dealt with.

[SI 51/05]

43. When funds in Court are by an order directed to be paid, transferred or delivered to any person named or described in an order, or in a certificate of the Examiner, Registrar or Legal Costs Adjudicator (except to a person therein expressed to be entitled to such funds as real estate, or to be entitled thereto as a trustee, executor or administrator, or otherwise than in his own right, or for his own use) such funds, or any portion thereof for the time being remaining unpaid or untransferred or undelivered, may, unless the order otherwise directs, on proof of the death of such person, whether on or after the date of such order, or, in the case of payment directed to be made to creditors, shareholders or debenture holders as such, before the date of such order, be paid or transferred or delivered to the legal personal representative of such deceased person or to the survivors or survivor of them. If no administration has been taken out to a deceased person entitled to funds in his own right or to whose legal personal representatives when constituted such funds were directed to be paid, transferred, or delivered, and such person has died intestate with assets not exceeding €25,000 in value, including the amount of the funds directed to be dealt with, such funds may be paid, transferred or delivered to the person who, being widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to obtain a grant of administration to the estate of the deceased, upon a declaration by such person in the Form No 13 in Appendix P.

[SI 584/19]

44. (1) When money in Court is by an order directed to be paid to any persons described in the order, or in a certificate of the Examiner, Registrar or Legal Costs Adjudicator as co-partners or as trading or carrying on business in the name of a company or firm such money may be paid to any one or more of such co-partners, or to the survivor of them.

(2) When a company to which money is directed to be paid is being wound up, the Accountant, upon proof of the appointment of a liquidator and upon his request, under the seal of the company, may pay to him the amount so payable. The draft shall be specially crossed to the account of the company (in liquidation) at a bank to be named by the liquidator. Payment to a liquidator may be made by transfer under rule 38(1).

[SI 584/19; SI 255/15; SI 51/05]

45. (1) When funds in court are by an order directed to be paid, transferred, or delivered to any persons as legal personal representatives, such funds, or any portion thereof for the time being remaining unpaid, untransferred, or undelivered, may, upon proof of the death of any of such representatives, whether on or after or, in the case of persons described as legal personal representatives of creditors, shareholders, or debenture holders, before the date of the order directing such payment, transfer, or delivery, be paid, transferred, or delivered to the survivors or survivor of them.

(2) When money not exceeding €10,000 in amount is payable to two or more persons described in an order or in a certificate or under rule 43 as legal personal representatives, payment of the same may be made to any one of them, unless the order otherwise directs.

[SI 51/05]

46. No funds shall, under rules 43 and 45 be paid, transferred, or delivered out of court to the legal personal representatives of any person under any probate or letters of administration purporting to be granted at any time subsequent to the expiration of six years from the date of the order, directing such payment, transfer, or delivery, or in case such funds consist of interest or dividends from the date of the last receipt of such interest or dividends under such order.

[SI 51/05]

47. The Accountant, on receiving notice from the proper officer in any case that legacy or succession duty is payable, shall cause an entry to that effect to be made in his records.

[SI 51/05]

48. When the dividends or interest out of which the annuities are to be paid have not been subjected to a deduction for income tax at the source, the deduction for income tax from the annuities shall be made at the rate payable when such annuities became due, and the Accountant shall transfer the tax deducted from such annuities to the proper account of the Revenue Commissioners unless in any case the court shall otherwise direct, or a certificate is produced from the Revenue Commissioners that no claim is made by them in respect of such tax.

[SI 51/05]

VI. Investments

49. When an order directs an investment and accumulation of dividends accruing on securities in court, or to be transferred into court, or directed to be purchased with money in court, or to be lodged in court, the Accountant, upon receipt of the copy of such order, shall without any request, from time to time (until he shall receive a request or copy of an order to the contrary), invest such dividends as soon as may be convenient when and so often as the dividends received by him and remaining uninvested amount to or exceed €250.

[SI 51/05]

50. The Accountant shall after the expiration of six months from the lodgement without any order or request invest all sums of cash not less than €650 lodged in court in authorised securities, unless the court shall otherwise direct, or a request that the same shall not be invested, signed by the party or solicitor having carriage of the cause or matter in which the same shall have been lodged, shall be left with the Accountant. This rule shall not apply to money lodged in court with defence.

[SI 51/05]

51. A sum of money amounting to or exceeding €260 lodged in court under 54 Geo. III, c. 92, section 33, shall, upon a request signed by or on behalf of the person paying it in, or by or on behalf of a person claiming to be entitled thereto or interested therein, be invested (without an order) in the authorised securities specified in such request; and the dividends accruing in respect thereof, when or so soon as they shall amount to or exceed €130, shall be from time to time invested in like securities. If such money shall have been placed on deposit before such request shall be left at the Accountant’s Office, such money and any interest to be credited in respect thereof, if amounting to €260, shall, upon a like request, be withdrawn from deposit and invested as before mentioned. Dividends accruing on funds or on investments or accumulations of funds already lodged in court under the said Act, may, when or so often as they amount to or exceed €130, be invested in like manner.

[SI 51/05]

52. When it is stated in the schedule to the affidavit made pursuant to rule 29 that it is desired that any money to be lodged in court, or the dividends accruing on any securities to be lodged in court in pursuance of the Trustee Act, 1893, or the Supreme Court of Judicature (Ireland) Act, 1877, section 28(6) and the accumulations thereof, shall be invested in any description of authorised securities, the Accountant shall (if or so soon as such money shall amount to or exceed €260, or so soon as dividends accruing on such securities shall amount to or exceed €130) invest the same accordingly, without any order or further request for that purpose.

[SI 51/05]

53. (1) In all cases, upon a request signed by a solicitor acting on behalf of any person claiming to be entitled to or interested in securities in court, that the dividends or interest accruing on any specified securities may not be invested, being at any time left at the Accountant’s Office, the Accountant shall be at liberty to cease to invest any more dividends or interest accruing on such securities or to place the same on deposit until he has received an order dealing therewith.

(2) Upon a request signed by a solicitor, acting on behalf of a person interested, and countersigned by the Examiner or Registrar, containing a notification that principal money directed to be invested is about to be otherwise dealt with by an order, the Accountant shall be at liberty to stay the investment of such money pending the receipt of an order dealing therewith.

[SI 51/05]

54. Every application for the purpose of varying any investment shall be served upon any person interested and upon such other person as the court shall direct.

[SI 51/05]

VII. Calculation of residues, evidence of life, etc.

55. For the purpose of ascertaining the amounts of any residue or aliquot part of money or securities dealt with by an order when such amounts cannot be stated in the payment schedule and are not directed to be certified, the necessary calculations shall be made in the Office of the Accountant; provided that the Accountant may require such calculations to be first stated in a certificate signed by the solicitor of the party interested.

[SI 51/05]

56. When any person is entitled, under an order, to receive dividends or other periodical payments from the Accountant’s Office, and the Accountant requires evidence of life or of the fulfillment of any conditions affecting such payments, such evidence may be furnished by a declaration signed by a solicitor acting on behalf of such person, or by a declaration signed by the person entitled to the payment, and attested by a peace commissioner, a commissioner for oaths, or a notary public; and the Accountant shall act on such evidence unless in any case he thinks fit to require such evidence to be by statutory declaration or affidavit.

[SI 51/05]

57. When in carrying into effect the directions of an order, evidence is required by the Accountant for any purposes other than those included in rule 56, he may receive and act upon an affidavit, or upon a statutory declaration, and every such affidavit or statutory declaration shall be filed in the Central Office when the Accountant shall consider it necessary.

[SI 51/05]

VIII. Deposits under the Trade Union Act, 1941

58. In this Part of this Order ‘the Act’ means the Trade Union Act, 1941 (No 22 of 1941).

[SI 51/05]

59. The Accountant may accept all or any part of a deposit in authorised securities.

[SI 51/05]

60. (1) Pending or in default of any request by a depositor to the Accountant as to the investment of such part of a deposit made under the Act as is made in money, the Accountant may invest it.

(2) A request, signed by the secretary or treasurer of the depositor, shall, without any order, be a sufficient authority for the Accountant either as the case may be to invest such part of a deposit made under the Act as is made in money in the authorised securities specified in such request or to vary the authorised securities to which the request relates into the other authorised securities specified in such request. Such request shall be in the Forms Nos 14 or 15 in Appendix P.

[SI 51/05]

61. On the receipt of a request the Accountant shall pay the income from time to time as received from the securities in which such deposit or any part thereof is for the time being invested to the bankers of the depositor for the account of the depositor or in such other manner as may be indicated in the request. A request, signed by the secretary or treasurer of the depositor, shall, without any order be a sufficient authority for the Accountant to pay such income to such bankers or in such other manner, as the case may be, unless and until the Accountant receives a subsequent request for payment in a different manner. Any request under this rule shall be in the Form No 16 in Appendix P, provided that, where payment is required in any manner other than by payment to the bankers of the depositor, such request shall be accompanied by a statutory declaration in the Form No 17 in Appendix P.

[SI 51/05]

62. A request, signed by the secretary and the treasurer of a depositor, shall without any order, be sufficient authority for the Accountant to pay or transfer to the depositor in accordance with such request all or any part of the deposit or so much thereof as has not already been paid out in pursuance of an order under Part II of the Act. Such request shall be in the Form No 18 in Appendix P; provided that where payment of money is requested otherwise than to the bankers of a depositor or where a transfer of securities is requested, such request shall be accompanied by a statutory declaration in the Form No 19 in Appendix P.

[SI 51/05]

63. In any case in which, under this Part of this Order, a request is required to be accompanied by a statutory declaration the Accountant may require such further evidence of verification of the matters stated in such declaration as he may think fit before complying with the request.

[SI 51/05]

64. The Accountant shall, immediately after the return of a deposit or of part thereof, give notice to the Minister for Enterprise, Trade and Employment of such return and of the amount returned.

[SI 51/05]

65. Whenever any money is paid out of a deposit pursuant to section 16 of the Act, the Accountant shall, as soon as may be, give notice to the trade union concerned of the deficiency (if any) mentioned in the said section and of the amount thereof.

[SI 51/05]

IX. Deposits under the Auctioneers and House Agents Act, 1947

66. In this Part of this Order ‘the Act’ means the Auctioneers and House Agents Act, 1947 (No 10 of 1947).

[SI 51/05]

67. Any deposit under Part IV of the Act, whether by way of original deposit or addition thereto, may, without an order be placed in the books of the Accountant to an account entitled:

Ex parte _________ (depositor’s name), In the matter of the Auctioneers and House Agents Act, 1947,’ provided that no real security shall be deposited under Part IV of the Act, whether by way of original deposit or of addition thereto, without an order.

[SI 51/05]

68. (1) Pending or in default of a request by a depositor for the investment of such part of a deposit made under Part IV of the Act as is made in money, the Accountant may invest it.

(2) A request signed by or on behalf of the depositor shall, without any order, be a sufficient authority for the Accountant to do all or any of the following things, namely —

(a) to invest such money or a specified part thereof in authorised securities specified in such request;

(b) to vary the authorised securities to which such request relates into other authorised securities specified in such request, whether by way of sale and re-investment or by way of transfer of such authorised securities to the depositor in exchange for an equivalent amount of such other authorised securities;

(c) to sell and convert into money the authorised securities to which such request relates; provided that no such investment be made in real securities.

[SI 51/05]

69. A request, signed by or on behalf of the depositor, shall, without an order, be a sufficient authority for the Accountant to pay to the depositor the income from time to time as received from the securities in which a deposit or any part thereof made under Part IV of the Act is for the time being invested.

[SI 51/05]

70. Where any request made under this Part of this Order is signed by a person purporting to act on behalf of a depositor, the Accountant may require evidence that the person so signing is properly authorised to make such request. Such evidence may be furnished by a certificate signed by a solicitor acting on behalf of the depositor, unless in any case the Accountant requires such evidence to be by statutory declaration or affidavit.

[SI 51/05]

71. The Accountant may in any case, notwithstanding anything in this Part of this Order, decline to act without an order.

[SI 51/05]

X. Miscellaneous

72. The Accountant, upon a request signed by or on behalf of a person claiming to be interested in any funds in court standing to the credit of an account specified in such request, shall issue a certificate of the amount and description of such funds, and such certificate shall have reference to the morning of the day of the date thereof, and shall not include the transactions of that day, and the Accountant shall notify on such certificate the dates of any orders restraining the transfer, sale, delivery out, or payment, or other dealing with the funds in court to the credit of the account mentioned in such certificate, and whether such orders affect principal or interest, and any charging orders, affecting such funds, of which respectively he has received notice, and the names of the persons to whom notice is to be given, or in whose favour such restraining or charging orders have been made and the date of any notice which he may have received stating that duty is payable of which a memorandum has been made in his books pursuant to rule 47, and if so requested the Accountant shall indicate on such certificate the names of the persons who lodged such funds and the respective amounts lodged by them. The Accountant may re-date any such certificate, provided that no alteration in the amount or description of the funds or entries affecting the same has been made since the certificate was issued. When a cause or matter has been inserted in the list referred to in rule 75, the fact shall be notified on the certificate relating thereto.

[SI 51/05]

73. Upon a request signed by or on behalf of a person claiming to be interested in funds in court, the Accountant may issue a transcript of the account in his books specified in such request. He may also upon a like request supply such other information or issue such certificate with respect to any transactions or dealings with funds in court (including certificate of deduction of Irish or British Income Tax) as may from time to time be required in any particular case.

[SI 51/05]

74. (1) The Accountant may from time to time carry over to a general ledger account for dormant balance the balances of funds to the credit of any ledger account which have not been dealt with for 15 years or upwards; and he may carry to the credit of the same general ledger account the dividends from time to time accruing upon the balances of funds which have been so carried over.

(2) When an order dealing with funds carried over under this rule is to be acted upon, the Accountant shall carry back such funds, and any dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order.

[SI 51/05]

75. (1) On or before the 31st day of March in every fifth year the Accountant shall prepare, in such form and with such particulars as the Chief Justice may from time to time direct, a list or statement of the accounts in the books of the Accountant’s Office carried over to the general ledger account under rule 74 to the credit of which there stands any funds not less than €650. The said list or statement shall be filed in the Central Office, and a copy thereof shall be inserted in Iris Oifigiúil and exhibited in the several offices of the court.

(2) The Accountant may in his discretion give any information respecting any funds in court mentioned in such list or statement upon a request signed by the person applying for such information, or by his solicitor. If such request be made by a solicitor, such information shall not be given unless the request states the name and address of the person on whose behalf it is made, and that such person is in the opinion of the applicant beneficially interested in such funds. If such request be made by any person other than a solicitor, such information shall not be given unless the applicant is able to satisfy the Accountant that the request is such as may be properly complied with.

[SI 51/05]

76. The Accountant may from time to time carry over, to a special account for small balances, such balances of money and securities as do not altogether amount to €100, and on which the money or securities shall not have been dealt with during the preceding five years. When an order dealing with funds carried over under this rule is to be acted upon, the Accountant shall carry back such funds and any dividends accrued thereon to the account from which they were so carried over, and shall deal therewith as directed by such order.

[SI 51/05]

77. The Accountant may designate a short title for any ledger credit.

[SI 51/05]

78. The Accountant may, without any order in that behalf, take the necessary steps to effect the conversion of any securities in court, the conversion of which is compulsory upon the holders under any statute or direction of the court, or any scheme of arrangement or sale duly effected or sanctioned under any of the provisions of the Companies Act 2014. There shall be lodged with the Accountant the authority for such conversion, including, if required by him, an attested copy of an affidavit of the secretary or other proper officer of the company or public body concerned, or of the solicitor for any of the parties to the cause or matter to the credit of which the securities stand, setting out the circumstances under which the conversion has become compulsory upon the holders; and such documents shall be retained by the Accountant and shall be his authority for effecting the conversion referred to therein.

[SI 255/15; SI 51/05]

79. Whenever any amount or number of stocks, shares or other securities in court (in this rule referred to as the original security) is converted into any other stock, shares, or other securities (in this rule referred to as the substituted security), so that the description thereof will differ from the description given of the original security in the order or other authority under which the Accountant acts respecting the same, the Accountant shall write off from the account to which the same may be standing the original security so converted, and shall place to the same account a proportionate part of the substituted security; and except in so far as any original security may be affected by any order brought to the Accountant’s Office in due time for that purpose, the Accountant shall, as far as may be practicable, give effect to every part of any order or other authority under which he has been acting which shall refer to any such original security so converted as aforesaid, or the dividends thereon, as if it referred to the substituted security or the dividends thereon; provided that payments of income shall not be made in pursuance hereof, without an order, in any case where the substituted authority is a terminable annuity; unless such terminable annuity is based upon a deduction for sinking fund intended to replace the capital of the original security.

[SI 51/05]

80. Where any company has been wound up and thereafter is dissolved, the Accountant on receipt of notification in writing from the liquidator or from the Minister for Jobs, Enterprise and Innovation that no assets are or will be distributed in respect of any securities of the company which have been lodged in Court, and from the Registrar of Companies that the company has been dissolved, shall write off the said securities from the account to which they are standing.

[SI 255/15]

81. Whenever any allotment, letters, scrip allotments or other securities are allotted or assigned in respect of any sums of stock, or of any shares or other securities in court, such allotment letters, scrip allotments or other securities where they involve the payment of money (excepting such of them, if any, as may be affected by any order of which the Accountant has notice) shall be sold. The money to arise by the said sale shall be paid by the broker or, as appropriate, fund manager to the Accountant and placed in the records of the Accountant to the credit of the respective accounts to which the said stock, shares or other securities are standing, in respect of which such allotment letters, scrip allotments or other securities have been allotted or assigned.

[SI 51/05]

82. On receipt of a stop order or charging order dealing with any funds under his control, the Accountant shall enter the day and hour of the receipt of such order in his register of orders and on the copy of the order lodged with him, so that the priority of such orders can be ascertained and determined.

[SI 51/05]

83. (1) On or before the 31st day of January in each year the Accountant shall prepare an account, in such form as may be prescribed by him with the approval of the Chief Justice, showing the total amount of funds paid or transferred into and out of court in the year ended on the 30th day of September then last year past and the balance of funds in court at the commencement and close of such year.

(2) The Accountant shall, not later than the 31st day of January in each year, arrange for an audit of the account referred to in sub-rule (1) of this rule to be carried out by an independent auditor not later than the 31st day of March in each year immediately following the year to which the account relates.

(3) Copies of the said account, audited in accordance with sub-rule 2 of this rule, shall be forwarded to the Minister for Justice, Equality and Law Reform and the Minister for Finance.

[SI 51/05]

84. Where funds lodged in court to the account of the Accountant, whether under an order of the court or otherwise, are subject to or liable to be affected by any trust for any charitable purpose whether immediately or after the determination of or subject to any prior life or other limited interest or interests, notice in writing setting forth the particulars of the funds so lodged, with a short statement of the nature and character of any such trust, shall be transmitted to the Commissioners of Charitable Donations and Bequests for Ireland through the Central Office by the person or persons making such lodgement, or his or their solicitors within 14 days from the date of any such lodgement as aforesaid.

[SI 51/05]

XI. The Companies Liquidation Account

85. The Accountant shall forthwith open an account in the Bank to be called ‘The Companies Liquidation Account’.

[SI 51/05]

86. The Companies Liquidation Account shall be under the control of the court.

[SI 51/05]

87. When a Liquidator desires to lodge moneys to the Companies Liquidation Account pursuant to section 307(1) of the Companies Act, 1963, he shall annex to the affidavit to be filed by him a schedule similar in form to the Form No 1 in Appendix P, setting forth:

(a) the name of the company of which he is Liquidator;

(b) his name and address;

(c) the dates on which the resolution for winding up was passed and on which he was appointed Liquidator;

(d) the amount of the moneys to be lodged to the said account;

(e) that the lodgement is made in pursuance of section 307(1). An attested copy of such schedule is to be left with the Accountant.

[SI 51/05]

88. On the 1st day of February in each year the Accountant shall send to the Minister for Enterprise, Trade and Employment and to the Minister for Finance a statement showing the amount standing to the credit of the Companies Liquidation Account on the 31st day of December immediately preceding.

[SI 51/05]

89. At the expiration of seven years from the date of any lodgement to the Companies Liquidation Account in pursuance of section 307(1) of the Companies Act, 1963, the Accountant shall on application to him by the Minister for Finance transfer to the Exchequer the amount of the lodgement then remaining unclaimed.

[SI 51/05]

90. Save as provided in rule 89, no payment out of The Companies Liquidation Account shall be made except by order of the court.

[SI 51/05]

91. (1) If the account prescribed under section 623(1) of the Companies Act 2014 is under the control of the Court or is maintained by the Accountant and a liquidator desires to lodge moneys to that account, the liquidator shall annex to the affidavit to be filed by him a schedule similar in form to the Form No 1 in Appendix P, setting forth:

(a) the name of the company of which he is liquidator;

(b) his name and address;

(c) the dates on which the resolution for winding up was passed and on which he was appointed liquidator;

(d) the amount of the moneys to be lodged to the said account, identifying each claim to which the moneys relate;

(e) that the lodgment is made in pursuance of section 623(1) of that Act.

(2) Where sub-rule (1) applies, no payment out of the account mentioned in that sub-rule shall be made save in accordance with section 623(3) of the Act or an order of the Court.

[SI 255/15]

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