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GAZETTE
NOVEMBER 1983
Whydid
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availing of re-registration under Section 9 to file a
statement in lieu of prospectus.
(3)
Re-registration of old public limited companies
The procedure for the re-registration of old public
limited companies as public limited companies is simpler
than in the case of private companies.
The Act defines an "old public limited company" as a
public company limited by shares or by guarantee and
having a share capital which
(a) either existed on the appointed day or was
incorporated thereafter pursuant to an application
made before that day; and
(b) has not since the appointed day, or the day of its
incorporation, as the case may be, either been re-
registered as a public limited company or become
another form of company.
As we saw earlier, therefore, no old public company
can be formed (save where an application is in train on the
appointed day) after the appointed day. Private
companies "going public" must become public limited
companies under the Act.
There are two important time periods, each dating
from the appointed day, in connection with old public
limited companies (and which will arise elsewhere in our
consideration of the Act).
Firstly, the "general transitional period" is the period
of 18 months commencingon the appointed day, e.g. until
13th March, 1985.
Secondly, the "re-registration period" is the period of
15 months commencing on the appointed day, e.g., until
13th December, 1984.
An old public company may, pursuant to Section 12(3)
(either before or after the end of the general transitional
period) be re-registered as a public limited company if:
(a) the
directors
pass a resolution that it should be so re-
r e g i s t e r ed w h i c h a l t e rs t he
c o m p a n y ' s
memorandum so as to state that it is to be a public
limited company and making any other necessary
alterations;
(b) an application in the prescribed form is delivered
signed by a director or secretary together with the
following documents:
(i) a printed copy of the memorandum as altered
in pursuance of the resolution, and
(ii) a statutory declaration in the prescribed form
by a director or secretary that the above
resolution has been passed and that the
conditions specified in Section 12(9) of the Act
were satisfied at the time of the resolutions.
(c) conditions in relation to its share capital as set out
in 12(9) are satisfied. These conditions are similar to
those in Section 10 referred to above in connection
with the re-registration of private companies.
If an old public limited company cannot at the time of
its application for re-registration satisfy the conditions as
to its capital set out in Section 12(9) and a statutory
declaration to that effect is filed by a director or secretary,
then the Registrar shall re-register the company as a
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1/771ETHI
MEANAID
ANGLO IRISH BANK
18-21 St Stephen's Green, Dublin 2. Tel. (01) 763502
3 The Crescent, Limerick. Tel. 061-49522
HANDWRITING
Mr. T. R. Davis, M.A. (Oxon.), B. Lin.,
Department of English, L^niversity of Birmingham,
P.O. Box 363, Birmingham B15 2TT, England, will
undertake the examination of handwriting for
forensic purposes (anonymous letters, forgeries,
etc). For further details contact him at the above
addressor phone either Birmingham (021)472-1301
ex. 3081, or Dublin 684486.
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