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GAZETTE

P R A C T I C E

N O T E

DECEMBER 1993

Exempted "Towns" Under section 45 L a nd Act, 1965

The requirement to obtain consent

under section 45 of the Land Act,

1965 to the vesting of an interest in

land does not apply to land situate in a

County Borough, Bojough, Urban

District or Town. A difficulty can

sometimes arise in identifying

whether a particular conurbation is in

fact a "Town" within the meaning of

the Section.

The list below has been kindly provided

to the Society by

John Geraghty,

Solicitor in the Land Commission, to

whom our thanks are due.

N

.B.

(a) While the Towns listed comprise

Scheduled Towns. Non-Municipal

Towns and Towns within the

meaning of the Towns Improve-

ment (Ireland) Act, 1854, for the

purpose of the Certificate one need

only use the word "Town".

Section 45, Land Act 1965

County Index to Exemption

Counties

t

County

Boroughs

Boroughs

U.D.Cs

Towns

Carlow

-

Carlow

Muine Beag, Tullow

Cavan

Cavan

Bailieboro', Belturbet,

Cootehill

Clare

Ennis

Kilrush

Ennistymon, Kilkee,

Shannon

Cork

Cork

Clonakilty

Cobh,

Fermoy,

Kinsale,

Macroom,

Mallow,

Midleton,

Skibbereen,

Youghal.

Bandon, Bantry, Blarney,

Dunmanway, Kanturk,

Millstreet, Mitchelstown,

Passage West, Rathluirc

(Charleville).

Donegal

Buncrana

j

Bundoran

Letterkenny

1

!

Ballybofey, Ballyshannon,

Camdonagh, Donegal,

Killybegs, Moville.

Dublin

1

Dublin

Dun

> Laoghaire

Balbriggan,

Blanchardstown,

Clondalkin, Lucan-

Doddsboro', Malahide,

!

Rush, Skerries, Swords,

Tallaght

Galway

Galway

Ballinasloe

; Athenry, Clifden, Gort,

Loughrea, Tuam

(Continued overleaf)

(b) As the Certificate is analogous to an

averment in an affidavit it is a

matter for the purchasers and/or

their solicitors to satisfy themselves

that the property is situate within

the relevant boundaries of exempted

areas.

Please note that all applications for

section 45 and section 12 Land Act,

1965 consents should be addressed to:

Irish Land Commission,

Government Buildings,

Farnham Street,

Cavan.

Return of Allotment of

Shares

The Companies Office have

introduced a new form B5 which

is a combination of the old form 45

and the Revenue Commissioners

form 26. The new form eliminates the

need to lodge two separate forms

when an allotment of shares

is made.

The new form was introduced with

effect from the beginning of

November, 1993. The Companies

Office will, however, continue to

accept returns of the old form 45 for a

limited period after that date.

The new form B5 ought to be lodged

with the Revenue Commissioners,

Companies Capital Duty Section,

Dublin Castle, who will assess the

capital duty payable and collect both

the duty payable and the Companies

Office IR£5 fee. The Revenue

Commissioners will forward the form

to the Companies Office for

registration.

The Company and Commercial Law

Committee has made representations

to the Companies Office concerning

the new form B5.