Since 1st December 2016, whether the company is being restored by Court Restoration, an extra step may be required prior to the restoration of the company to the Register. A new certificate of incorporation may need to be issued to the company via email.
Please note that since 1st December 2016, the Transition Period for the conversion process under Part 2 Companies Act 2014 for existing private companies limited by shares has come to an end.Please note that under Schedule 6 Section 12(3) Companies Act 2014 any restoration made after this date of a private company limited by shares incorporated under the previous Companies Acts and dissolved prior to the end of the Transition Period, unconverted to either an LTD or DAC limited by shares company, will result in the restoration of such a company as a private company limited by shares under Part 2 Companies Act 2014 (LTD company). A new certificate of incorporation will issue to the company via email.
Schedule 6. Part 12(3).http://www.irishstatutebook.ie/eli/2014/act/38/schedule/6/enacted/en/html#sched6 If the company's type, before being so struck off, was that of a private company limited by shares and the date on which the company is restored to the register under Chapter 2 of Part 12 or section 30 of the Multi-Unit Developments Act 2011 is subsequent to the expiry of the transition period (within the meaning of Chapter 6 of Part 2 ), then, subject, in the case of a restoration under section 738 or 741 , to any direction or order of the court under section 742, section 61 (1)(a) and (b) shall apply in relation to the company notwithstanding that the company was not an existing private company within the meaning of that Chapter 6 and, accordingly, the company shall, on the date of its restoration to the register, be deemed to be a private company limited by shares to which Parts 1 to 15 apply and the other provisions of section 61 shall apply to it with any necessary modifications.
If it is desired that the company should instead be a Designated Activity Company, then re-registration can be effected under Part 20 Companies Act 2014. The Company name would also change so that it in ended with the suffix “Designated Activity Company”.
Please see Information Leaflet no. 35.
Parts 16, 18 and 19 Companies Act 2014 impose company name requirements on certain company types, namely private guarantee companies (Part 16), public guarantee companies (Part 18) and unlimited companies whether private or public (Part 19).
On restoration of such a company, the Registrar is obliged to apply the company name requirement and the name of the company will be altered to comply with the requirements set out in the relevant part of the Companies Act 2014, if it is not already in compliance with the Act. Schedule 6 Section 12 (1). No company can be restored without the correct suffix being applied. A new certificate of incorporation will issue to affected companies via email.
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