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Companies act circular reference

  • 14-10-2016 12:09pm
    #1
    FSL
    Registered Users, Registered Users 2 Posts: 1,456 ✭✭✭


    The 2014 Companies Act defined different forms of companies and existing companies had to decide which form they wished to adopt. Fairly simple one would think. So having decided on the form and looked at the templates, we get to Section 19 the form of the constitution.

    Under Section 19 paragraph 2, which is laying out the form of the constitution, item (c) states
    (c) either—
    (i) be signed by each subscriber in the presence of at least one witness who shall attest the signature; or
    (ii) be authenticated in the manner referred to in section 888.

    Section 888 is :-
    Authentication of documents other than by signing or sealing them
    888. A requirement of this Act that a document shall be signed or sealed shall be satisfied if the document is authenticated in the prescribed manner.

    The only reference to section 888 other than the exact phrase “authentication in the manner referred to in section 888” Is in the definition of subscribe under :-
    Interpretation generally
    2 (1) In this Act
    —
    “subscribe” includes, where the means of authentication referred to in
    section 888 are employed.

    A nice circular reference.


Comments

  • #2
    Dublinensis
    Registered Users, Registered Users 2 Posts: 63 ✭✭Dublinensis


    Er, no.
    2. Interpretation generally

    (1) In this Act—

    [...]

    “prescribed”—

    (a) subject to paragraphs (b), (c) and (d), means prescribed by regulations made by the Minister;

    (b) in Part 11 , unless a power of the Supervisory Authority to prescribe by regulations is provided or that Part otherwise makes express provision—

    (i) means prescribed by rules of court; and

    (ii) where a power of the Minister to prescribe is provided, means prescribed by the means referred to in paragraph (a);

    (c) in Part 15 , where a power of the Minister to prescribe is provided or the provision in which the expression appears does not indicate otherwise, means prescribed by the means referred to in paragraph (a); and

    (d) in Parts 23 and 24 , means prescribed by regulations made by the Minister for Finance;[...]
    12. Regulations and orders

    (1) Subject to subsection (2), the Minister may make regulations prescribing anything referred to in this Act as prescribed or to be prescribed.

    (2) Subsection (1) does not apply to anything that Part 11 or 15 provides is to be prescribed by another authority.

    (3) Every regulation made by the Minister under this Act (other than a regulation referred to in section 946 , 1313 or 1321 ) or order made by the Minister under this Act (other than an order under section 1 (2) or 16 (1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

    However, the table of amendments and SIs on the ISB website makes no mention of regulations under s. 888 having yet been made.


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