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33 1963



General Provisions as to Registration.

Registration office.

368. —(1) For the purposes of the registration of companies under this Act, the Minister shall maintain and administer an office or offices in the State at such places as the Minister thinks fit.

(2) The Minister may appoint such registrars and assistant registrars as he thinks necessary for the registration of companies under this Act, and may make regulations with respect to their duties and may remove any persons so appointed.

(3) The Minister may direct a seal or seals to be prepared for the authentication of documents required for or connected with the registration of companies.

(4) Whenever any act is by this Act or by any statute directed to be done to or by the registrar of companies, it shall, until the Minister otherwise directs, be done to or by the existing registrar of joint stock companies or, in his absence, to or by such person as the Minister may for the time being authorise.


369. — (1) Subject to subsection (2), in respect of the several matters mentioned in the first column of the table set out in Part I of the Eighth Schedule, there shall, subject to the limitations imposed by Part II of that Schedule, be paid to the registrar the several fees specified in the second column of that table.

(2) No fees shall be charged in respect of the registration in pursuance of Part IX of a company if it is not registered as a limited company, or if before its registration as a limited company, the liability of the shareholders was limited by statute or letters patent.

(3) All fees paid to the registrar in pursuance of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Inspection, production and evidence of documents kept by registrar.

370. —(1) Any person may—

(a) inspect the documents kept by the registrar of companies, on payment of such fee as may be fixed by the Minister;

(b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document, to be certified by the registrar, on payment for the certificate, certified copy or extract of such fees as the Minister may fix.

(2) No process for compelling the production of any document kept by the registrar shall issue from any court except with the leave of that court, and any such process if issued shall bear thereon a statement that it is issued with the leave of the court.

(3) A copy of, or extract from, any document kept and registered at the office for the registration of companies, certified to be a true copy under the hand of the registrar, assistant registrar or other officer authorised by the Minister (whose official position it shall not be necessary to prove), shall in all legal proceedings be admissible in evidence as of equal validity with the original document.

Enforcement of duty to comply with Act.

371. —(1) If a company or any officer of a company having made default in complying with any provision of this Act fails to make good the default within 14 days after the service of a notice on the company or officer requiring it or him to do so, the court may, on an application made to the court by any member or creditor of the company or by the registrar of companies, make an order directing the company and any officer thereof to make good the default within such time as may be specified in the order.

(2) Any such order may provide that all costs of and incidental to the application shall be borne by the company or by any officers of the company responsible for the default.

(3) Nothing in this section shall be taken to prejudice the operation of any enactment imposing penalties on a company or its officers in respect of any such default as aforesaid.