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COMPANIES (NORTHERN IRELAND) ORDER 1978

COMPANIES (NORTHERN IRELAND) ORDER 1978 - LONG TITLE

[25th July 1978]
[{3} by regulations made by the Department subject to negative
resolution ],the Department shall credit to the account of the
company interest on the excess at such rate as the Department of
Finance may determine. B>(3) On or before 31st March in each year
all sums standing to the credit of the account of a company which
has been dissolved for a period of at least two years (other than
sums falling to be dealt with under section 308 of the principal
Act) shall be paid to the Department and applied as the Department
of Finance may direct. N Returns by Officers of the High Court A
> 95. Officers of the High Court shall make to the Department such
returns of that part of the business of the High Court which
relates to the winding up of companies, at such times, and in such
manner and form, as may be prescribed, and from those returns the
Department shall cause records to be prepared which shall be kept
by the registrar of companies. N >> Art.96(1) substitutes s.317 of
1960 c.22 (NI); para.(2) rep. by 1980 c.25 s.4(3) sch.5. Art.97
inserts s.349A in 1960 c.22 (NI) N Increase of monetary limits
relating to winding up A > 98. (1) In each of the provisions of
the principal Act listed in column 1 of Part I of Schedule 3
(being provisions which relate to the winding up of companies and
are concerned with the matters described in column 2 of that Part)
for the sum specified in column 3 of that Part in relation to
that provision there shall be substituted the sum so specified in
column 4 of that Part. B>(2) The Department may by regulations
increase or reduce any of the sums for the time being specified C
>>( a ) in the provisions amended by paragraph (1); or C >>( b )
in section 287(2) of the principal Act or Article 75(3) of this
Order. B >(3) The transitional provisions set out in Part II of
Schedule 3 shall have effect in relation to any increase or
reduction by or under this Article. B>(4) No regulations shall be
made under this Article unless a draft of them has been approved
by resolution of the Assembly. N Transitional provisions relating to
winding up A > 99. (1) Articles 66 to 74, 77 to 84, 87(1) to
(3), 88 and 89 shall not apply to a winding up which commenced
before the date on which those provisions come into operation. B>(2)
The references in section 308(2) and (3) of the principal Act (as
inserted by Article 91) to a lodgment made in pursuance of
subsection (1) of that section shall be construed as including a
reference to a lodgment made to the Companies Liquidation Account or
to the Companies Voluntary Liquidation Account. B>(3) Where the
period between the coming into operation of Article 93 and 31st
March next following is a period of less than a year any reference
in that Article to a year ending on 31st March shall be construed
as including a reference to that period. 4 P ART V ]
, and which have not been produced in compliance with that
requirement, the justice may issue a warrant authorising any
constable, together with any other persons named in the warrant and
any other constables, to enter the premises specified in the
information (using such force as is reasonably necessary for the
purpose) and to search the premises and take possession of any
books or papers appearing to be such books or papers as aforesaid,
or to take, in relation to any books or papers so appearing any
other steps which may appear necessary for preserving them and
preventing interference with them.

(2) Every warrant issued under this Article shall continue in force
until the end of the period of one month after the date on which
it is issued.

(3) Any books or papers of which possession is taken under this
Article may be retained for a period of three months or, if within
that period there are commenced any such criminal proceedings as are
mentioned in Article 109(1)(a) or (b) (being proceedings to which
the books or papers are relevant) until the conclusion of those
proceedings.

(4) Any person who obstructs the exercise of a right of entry or
search conferred by virtue of a warrant issued under this Article,
or who obstructs the exercise of a right so conferred to take
possession of any books or papers, shall be guilty of an offence
and liable on summary conviction to imprisonment for a term not
exceeding three months, or to a fine not exceeding #200, or to
both.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 109

109.(1) No information or document relating to a body which has
been obtained under Article 107 or the last foregoing Article or
[section 36 of the Insurance Companies Act 1974] shall, without the
previous consent in writing of that body, be published or disclosed,
except to a competent authority, unless the publication or disclosure
is required

(a)with a view to the institution of, or otherwise for the purposes
of, any criminal proceedings pursuant to, or arising out of, the
Companies Acts or the Protection of Depositors Act (Northern Ireland)
1964 or the [Insurance Companies Act 1974] or any criminal
proceedings for an offence entailing misconduct in connection with
the management of the body's affairs or misapplication or wrongful
retainer of property of its;

(b)with a view to the institution of, or otherwise for the purposes
of, any criminal proceedings pursuant to, or arising out of, the
Exchange Control Act 1947;

[(c)for the purpose of enabling the Secretary of State to exercise
a power conferred on him by the Insurance Companies Act 1974;]

(d)for the purpose of complying with any requirement, or exercising
any power, imposed or conferred by the principal Act with respect
to reports made by inspectors appointed thereunder by the Department;

(e)with a view to the institution by the Department under section
163(1) of the principal Act of proceedings with reference to the
body or otherwise for the purposes of such proceedings instituted by
the Department under that section;

(f)with a view to the institution by the Department of proceedings
for the winding up under the Companies Acts of the body or
otherwise for the purposes of proceedings instituted by the
Department for that purpose; or

(g)for the purposes of proceedings under Article 108.

(2) Any person who publishes or discloses any information or
document in contravention of this Article shall be guilty of an
offence and liable

(a)on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding
three months or to a fine not exceeding #200, or to both.

(3) For the purposes of this Article

(a)in relation to information or a document relating to a body
other than one carrying on industrial assurance business (as defined
by [Article 3(1) of the Industrial Assurance (Northern Ireland) Order
1979]), each of the following shall be a competent authority,
namely, the Department, an officer of the Department, an inspector
appointed under the principal Act by the Department, the Department
of Finance and an officer of the Department of Finance;

(b)in relation to information or a document relating to a body
carrying on industrial assurance business (as so defined), each of
the following shall be a competent authority, namely, the Department,
an officer of the Department, an inspector appointed as aforesaid,
the Industrial Assurance Commissioner for Northern Ireland, an officer
of the said Commissioner, the Department of Finance and an officer
of the Department of Finance.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 110

110.(1) A person, being an officer of any such body as is
mentioned in Article 107(1) of this Order or [section 36(1) of the
Insurance Companies Act 1974], who destroys, mutilates or falsifies,
or is privy to the destruction, mutilation or falsification of a
document affecting or relating to the property or affairs of the
body, or makes or is privy to the making of a false entry in
such a document, shall, unless he proves that he had no intention
to conceal the state of affairs of the body or to defeat the law,
be guilty of an offence.

(2) Such a person as is mentioned in paragraph (1) who fraudulently
either parts with, alters or makes an omission in any such
document, or who is privy to fraudulent parting with, fraudulent
altering or fraudulent making of an omission in, any such document,
shall be guilty of an offence.

(3) A person guilty of an offence under this Article shall be
liable

(a)on conviction on indictment, to imprisonment for a term not
exceeding two years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding
three months, or to a fine not exceding #200, or to both.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 111

111.(1) A person who, in purported compliance with a requirement
imposed under Article 107 to provide an explanation or make a
statement, provides or makes an explanation or statement which he
knows to be false in a material particular or recklessly provides
or makes an explanation or statement which is so false shall be
guilty of an offence.

(2) A person guilty of an offence under this Article shall be
liable

(a)on conviction on indictment, to imprisonment for a term not
exceeding two years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding
three months, or to a fine not exceeding #200, or to both.

Saving for solicitors and bankers

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 112

112.(1) Nothing in this Part shall compel the production by a
solicitor of a document containing a privileged communication made by
or to him in that capacity or authorise the taking of possession
of any such document which is in his possession.

(2) The Department shall not under Article 107 require, or authorise
an officer of the Department to require, the production by a person
carrying on the business of banking of a document relating to the
affairs of a customer of his unless either it appears to the
Department that it is necessary so to do for the purpose of
investigating the affairs of the first-mentioned person or the
customer is a person on whom a requirement has been imposed by
virtue of that Article.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 113

113. Proceedings in respect of any offence under Articles 107 to
111 shall not be instituted except by, or with the consent of, the
Department or the Director of Public Prosecutions for Northern
Ireland.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 114

114.(1) Every such person as follows, namely,

(a)a person who, being immediately before the occurrence of an event
uninterested in shares comprised in relevant share capital of a
company to which this Article applies, becomes, in consequence of
the occurrence of that event, interested in shares so comprised of
a nominal value equal to 5 per cent. or more of the nominal value
of that share capital, or, being immediately before the occurrence
of an event, interested in shares comprised in relevant share
capital of such a company of a nominal value less than 5 per
cent. of the nominal value of that share capital, acquires, in
consequence of the occurrence of the event, such interests in shares
comprised in that share capital as to increase the nominal value of
all shares so comprised in which he is interested to 5 per cent.
or more of the nominal value of that share capital;

(b)a person who, being immediately before the occurrence of an event
interested in shares comprised in relevant share capital of such a
company of a nominal value not less than 5 per cent. of the
nominal value of that share capital,

(i)acquires, in consequence of the occurrence of the event, such
interests in shares comprised in that share capital as to increase
the nominal value of all shares so comprised in which he is
interested; or

(ii)suffers, in consequence of the happening of the event, a
decrease in the nominal value of shares so comprised in which he
is interested, but remains interested in shares so comprised of a
nominal value equal to 5 per cent. or more of the nominal value
of that share capital;

(c)a person who, being immediately before the occurrence of an event
interested in shares comprised in relevant share capital of a
company of a nominal value equal to 5 per cent. or more of the
nominal value of that share capital, suffers, in consequence of the
occurrence of the event, a decrease in the nominal value of shares
comprised in that share capital in which he is interested such that
the nominal value of all shares so comprised in which he is
interested is equal to less than 5 per cent. of the nominal value
of that share capital or becomes, in consequence of the occurrence
of that event, uninterested in shares so comprised;

(2) In the case of a company which, at the time when this Article
comes into operation, is one to which this Article applies, every
person who at that time is interested in shares comprised in
relevant share capital of the company of a nominal value equal to
5 per cent. or more of the nominal value of that share capital
shall be under obligation to notify the company of the subsistence
of his interests at that time and the number of shares comprised
in that share capital (specifying it) in which each interest
subsists at that time, and paragraph (1) shall not require the
notification by any such person of the occurrence of an event
before that time.

(3) A person who would, apart from this paragraph be under an
obligation, by virtue of paragraph (1)(b), to notify a company of
the occurrence of an event shall not be under that obligation if

(a)the nominal value of shares comprised in relevant share capital
of the company in which he was interested immediately before the
event, and

(b)the nominal value of shares so comprised in which he is
interested immediately after the event,

(4) In the event of

(a)a company's becoming one to which this Article applies; or

(b)a company's share capital of any class becoming relevant share
capital;

(5) The rules set out in Article 38 shall (with the omission of
references to debentures) apply for the interpretation of, and
otherwise in relation to, the foregoing provisions of this Article;
but in addition to such interests as, by virtue of paragraphs (7)
and (9) of that Article, are to be disregarded, there shall be
disregarded for the purposes of this Article

(a)an interest, for the life of himself or another, of a person
under a settlement in the case of which the property comprised
therein consists of, or includes, shares, being a settlement with
respect to which the following conditions are satisfied, namely,

(i)that the settlement is irrevocable; and

(ii)that the settlor has no interest in any income arising under,
or property comprised in, the settlement;

(b)an interest as holder of shares of a member of The Stock
Exchange who

(i)is recognised by the Council thereof as carrying on the business
of a jobber,

(ii)carries on that business in the United Kingdom, and

<(iii)holds the shares for the purposes of that business;

(c)an interest as holder of shares of a person whose ordinary
business includes the lending of money and who holds them by way
of security only for the purposes of a transaction entered into in
the ordinary course of that business;

(d)an interest of the Probate Judge subsisting by virtue of section
3 of the Administration of Estates Act (Northern Ireland) 1955;

(e)an interest of the Accountant General of the Supreme Court in
shares held by him;

(f)any such interests, or interests of such class, as may be
prescribed for the purposes of this sub-paragraph;

(6) The following provisions shall have effect with respect to the
periods within which obligations imposed by the foregoing provisions
of this Article on persons must be fulfilled, that is to say,

(a)in the case of an obligation imposed by paragraph (1)

(i)if, at the time of the occurrence of the event giving rise to
the obligation, the person under obligation knows of its occcurrence
and of the fact that its occurrence gives rise to the obligation,
it must be fulfilled before the expiration of the period of five
days beginning with the day next following that on which the event
occurs;

(ii)otherwise, it must be fulfilled before the expiration of the
period of five days beginning with the day next following that on
which the fact that the occurrence of the event gives rise to the
obligation comes to his knowledge;

(b)in the case of an obligation imposed by paragraph (2)

(i)if, at the time when the obligation arises, the person under
obligation does not know of the subsistence of his interests, or
knows only of the subsistence of interests in shares comprised in
relevant share capital of a nominal value less than 5 per cent, of
the nominal value of that share capital, the obligation must, upon
there coming to his knowledge the matter of the subsistence of
interests in shares so comprised of a nominal value not less than
5 per cent. of the nominal value of that share capital, be, so
far as regards those interests, fulfilled before the expiration of
the period of five days beginning with the day next following that
on which that matter comes to his knowledge, and must, so far as
regards an interest whose subsistence comes to his knowledge after
that matter comes to his knowledge, be fulfilled before the
expiration of the period of five days beginning with the day next
following that on which the subsistence of the interest comes to
his knowledge;

(ii)if, at the time when the obligation arises, the person under
obligation knows of the subsistence of interests in shares comprised
in relevant share capital of a nominal value not less than 5 per
cent. of the nominal value of that share capital, the obligation
must, so far as regards those interests, be fulfilled before the
expiration of the period of five days beginning with the day next
following that on which the obligation arises and must, so far as
regards an interest whose subsistence comes to his knowledge after
the obligation arises, be fulfilled before the expiration of the
period of five days beginning with the day next following that on
which the subsistence of the interest comes to his knowledge.

(7) A person who fails to fulfil, within the proper period, an
obligation to which he is subject by virtue of paragraph (1) or
(2), or who, in purported fulfilment of an obligation to which he
is so subject, makes to a company a statement which he knows to
be false or recklessly makes to a company a statement which is
false, shall be guilty of an offence and liable

(a)on summary conviction, to imprisonment for a term not exceeding
three months, or to a fine not exceeding #200, or to both;

(b)on conviction on indictment, to imprisonment for a term not
exceeding two years, or to a fine, or to both.

(8) An obligation imposed by this Article on any person shall be
treated as not being fulfilled unless the notice by means of which
it purports to be fulfilled identifies him and gives his address
and, in a case in which he is a director of the company, is
expressed to be given in fulfilment of that obligation.

(9) Proceedings in respect of an offence under this Article shall
not be instituted except by, or with the consent of, the Department
or the Director of Public Prosecutions for Northern Ireland.

(10) In reckoning, for the purposes of paragraph (6), any period of
five days, a day which is a Saturday or Sunday or a bank holiday
shall be disregarded.

(11) A company to which this Article applies is one in the case
of which there has, as respects the whole or any proportion of its
share capital, been granted a listing on a recognised stock
exchange.

(12) For the purposes of this Article

(a)"relevant share capital", in relation to a company to which this
Article applies, means issued share capital thereof of a class
carrying rights to vote in all circumstances at general meetings of
the company and where the relevant share capital of a company to
which this Article applies is divided into different classes of
shares, references to a percentage of the nominal value of its
relevant share capital are references to a percentage of the nominal
value of the issued shares comprised in each of those classes taken
separately;

(b)"settlor" has the meaning assigned to it by section 444 of the
Income and Corporation Taxes Act 1970.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 115

115.(1) The Department may from time to time by order amend
paragraphs (1), (2) and (6) of Article 114 by increasing or
reducing the percentage for the time being mentioned in those
paragraphs.

(2) An order under this Article

(a)shall not be made unless a draft of the order has been laid
before and approved by a resolution of the Assembly;

(b)shall not be construed as requiring the notification by any
person of the occurrence of an event before the time when the
order comes into operation.

(3) If an order under this Article comes into operation whereby the
said percentage is reduced then, in the case of a company in
relation to which the order has effect, every person who at that
time is interested in shares comprised in relevant share capital of
the company of a nominal value equal to the reduced percentage or
more but less than the percentage prior to the reduction of the
nominal value of that share capital shall be under an obligation to
notify the company of the subsistence of his interests at that time
and the number of shares comprised in that share capital (specifying
it) in which each interest subsists at that time.

(4) Paragraphs (5) to (12) of Article 114 shall have effect in
relation to paragraph (3) as they have effect in relation to
paragraph (2) of that Article but as if in paragraphs (6) and (10)
for references to five days there were substituted references to
fourteen days and as if in paragraph (6) for references to the
percentage there specified there were substituted references to the
reduced percentage.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 116

116.(1) Any company to which Article 114 applies may by notice in
writing require any member of the company within such reasonable
time as is specified in the notice

(a)to indicate in writing the capacity in which he holds any shares
comprised in relevant share capital of the company; and

(b)if he holds them otherwise than as beneficial owner, to indicate
in writing so far as it lies within his knowledge the persons who
have an interest in them (either by name and address or by other
particulars sufficient to enable those persons to be identified) and
the nature of their interest.

(2) Where a company is informed in pursuance of a notice given to
any person under paragraph (1) or under this paragraph that any
other person has an interest in any shares comprised in relevant
share capital of the company, the company may by notice in writing
require that other person within such reasonable time as is
specified in the notice

(a)to indicate in writing the capacity in which he holds that
interest; and

(b)if he holds it otherwise than as beneficial owner, to indicate
in writing so far as it lies within his knowledge the persons who
have an interest in it (either by name and address or by other
particulars sufficient to enable them to be identified) and the
nature of their interest.

(3) Any company to which Article 114 applies may by notice in
writing require any member of the company to indicate in writing,
within such reasonable time as is specified in the notice, whether
any of the voting rights carried by any shares comprised in
relevant share capital of the company held by him are the subject
of an agreement or arrangement under which another person is
entitled to control his exercise of those rights and, if so, to
give so far as it lies within his knowledge written particulars of
the agreement or arrangment and the parties to it.

(4) Where a company is informed in pursuance of a notice given to
any person under paragraph (3) or under this paragraph that any
other person is a party to any such agreement or arrangement as is
mentioned in paragraph (3), the company may by notice in writing
require that other person within such reasonable time as is
specified in the notice to give so far as it lies within his
knowledge written particulars of the agreement or arrangement and the
parties to it.

(5) Subject to paragraphs (6) and (7), any person who

(a)fails to comply with a notice under this Article; or

(b)in purported compliance with such a notice makes any statement
which he knows to be false in a material particular or recklessly
makes any statement which is false in a material particular,

(i)on conviction on indictment, to imprisonment for a term not
exceeding two years, or to a fine, or to both; or

(ii)on summary conviction, to imprisonment for a term not exceeding
six months, or to a fine not exceeding #400, or to both.

(6) A person shall not be guilty of an offence under paragraph
(5)(a) if he proves that the information in question was already in
the possession of the company or that the requirement to give it
was for any other reason frivolous or vexatious.

(7) A person shall not be obliged to comply with a notice under
this Article if he is for the time being exempted by the
Department from the operation of this Article; but the Department
shall not grant any such exemption except after consultation with
the Governor of the Bank of England and unless satisfied that,
having regard to any undertaking given by the person in question
with respect to the shares held or to be held by him, there are
special reasons why that person should not be subject to the
obligations imposed by this Article.

(8) In this Article "relevant share capital" has the same meaning
as in Article 114.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 117

117.(1) Every company to which Article 114 applies shall keep a
register for the purposes of Articles 114 to 116 (in this Article
referred to as "the register").

(2) Whenever the company receives information from a person in
consequence of the fulfilment of an obligation imposed on him by
Article 114 or 115 it shall be under obligation to inscribe in the
register, against the name of that person, that information and the
date of the inscription.

(3) Whenever the company receives information from a person in
pursuance of a requirement imposed on him under Article 116 with
respect to shares held by a member of the company, it shall be
under an obligation to inscribe against the name of that member in
a separate part of the register

(a)the fact that the requirement was imposed and the date on which
it was imposed; and

(b)the information received in pursuance of the requirement.

(4) The register must be so made up that the entries therein
against the several names inscribed therein appear in chronological
order.

(5) An obligation imposed by paragraph (2) or (3) as to inscription
must be fulfilled before the expiration of the period of three days
beginning with the day next following that on which it arises.

(6) In reckoning any such period as is mentioned in paragraph (5)
a day which is a Saturday or Sunday or a bank holiday shall be
disregarded.

(7) The company shall not, by virtue of anything done for the
purposes of this Article, be affected with notice of, or put upon
inquiry as to, the rights of any person in relation to any shares.

(8) The register shall be kept at the place at which the register
required to be kept by the company by Article 39 is kept, and
shall, during business hours (subject to such reasonable restrictions
as the company may in general meeting impose, so that not less
than two hours in each day be allowed for inspection) but save
insofar as it contains information with respect to a company for
the time being entitled to avail itself of the benefit conferred by
Article 14(3) or 15(3), be open to the inspection of any member of
the company without charge and of any other person on payment of
five new pence, or such less sum as the company may direct, for
each inspection; but insofar as it contains such information shall
not be open to inspection.

(9) Unless the register is in such form as to constitute in itself
an index, the company shall keep an index of the names inscribed
therein which shall

(a)in respect of each name, contain a sufficient indication to
enable the information inscribed against it to be readily found; and

(b)be kept at the same place as the said register;

(10) As regards so much of the register as is required to be open
to inspection any member of the company or other person may require
a copy of it, or of any part of it, on payment of ten new
pence, or such less sum as the company may direct, for every
hundred words or fractional part thereof required to be copied.

(11) The company shall cause any copy required by a person by
virtue of paragraph (10) to be sent to him before the expiration
of the period of ten days beginning with the day next following
that on which the requirement is received by the company.

(12) If default is made in complying with paragraphs (1) to (5) or
(9), or if an inspection required under this Article is refused or
a copy required thereunder is not sent within the proper period,
the company and every officer of the company who is in default
shall be guilty of an offence and be liable to a fine not
exceeding #500 and further to a default fine.

(13) In the case of a refusal of an inspection required under this
Article of the register, the court may by order compel an immediate
inspection thereof.

(14) In the case of a failure to send a copy required under this
Article, the court may by order direct that the copy required shall
be sent to the person requiring it.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 118

118.(1) A company which, at the coming into operation of this
Article, is registered as limited or thereafter is so registered
(otherwise than in pursuance of Article 119) may be re-registered
under the principal Act as unlimited in pursuance of an application
in that behalf complying with the requirement of paragraph (2),
framed in the prescribed form and signed by a director or by the
secretary of the company and lodged with the registrar of companies
together with the documents mentioned in paragraph (3).

(2) The said requirement is that the application must

(a)set out such alterations in the company's memorandum as,

(i)if it is to have a share capital, are requisite to bring it,
both in substance and in form, into conformity with the requirements
imposed by the principal Act with respect to the substance and form
of the memorandum of a company to be formed under that Act as an
unlimited company having a share capital; or

(ii)if it is not to have a share capital, are requisite in the
circumstances; and

(b)if articles have been registered, set out such alterations therein
and additions thereto as,

(i)if it is to have a share capital, are requisite to bring them,
both in substance and in form, into conformity with the requirements
imposed by the principal Act with respect to the substance and form
of the articles of a company to be formed thereunder as an
unlimited company having a share capital; or

(ii)if it is not to have a share capital, are requisite in the
circumstances; and

(b)if articles have not been registered, have annexed thereto, and
request the registration of, printed articles, being, if the company
is to have a share capital, articles complying with the said
requirements and, if not, articles appropriate to the circumstances.

(3) The documents referred to in paragraph (1) are

(a)the prescribed form of assent to the company's being registered
as unlimited subscribed by or on behalf of all the members of the
company;

(b)a statutory declaration made by the directors of the company that
the persons by whom or on whose behalf the form of assent is
subscribed constitute the whole membership of the company and, if
any of the members have not subscribed that form themselves, that
the directors have taken all reasonable steps to satisfy themselves
that each person who subscribed it on behalf of a member was
lawfully empowered so to do;

(c)a printed copy of the memorandum incorporating the alterations
therein set out in the application; and

(d)if articles have been registered, a printed copy thereof
incorporating the alterations therein and additions thereto set out
in the application.

(4) The registrar shall retain the application and other documents
lodged with him under paragraph (1), shall, if articles are annexed
to the application, register them and shall issue to the company a
certificate of incorporation appropriate to the status to be assumed
by the company by virtue of this Article; and upon the issue of
the certificate

(a)the status of the company shall, by virtue of the issue, be
changed from limited to unlimited; and

(b)the alterations in the memorandum set out in the application and
(if articles have been previously registered) any alterations and
additions to the articles so set out shall, notwithstanding anything
in the principal Act, take effect as if duly made by resolution of
the company and the provisions of the principal Act shall apply to
the memorandum and articles as altered or added to by virtue of
this Article accordingly.

(5) A certificate of incorporation issued by virtue of this Article
shall be conclusive evidence that the requirements of this Article
with respect to re-registration and of matters precedent and
incidental thereto have been complied with, and that the company was
authorised to be re-registered under the principal Act in pursuance
of this Article and was duly so re-registered.

(6) Where a company is re-registered in pursuance of this Article,
a person who, at the time when the application for it to be
re-registered was lodged, was a past member of the company and did
not thereafter again become a member thereof shall not, in the
event of the company's being wound up, be liable to contribute to
the assets of the company more than he would have been liable to
contribute thereto had it not been so re-registered.

(7) For the purposes of this Article

(a)subscription to a form of assent by the legal personal
representative of a deceased member of a company shall be deemed to
be subscription by him;

(b)the assignees or trustee in bankruptcy of a person who is a
member of a company shall, to the exclusion of that person, be
deemed to be a member of the company.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 119

119.(1) A company which, at the coming into operation of this
Article, is registered as unlimited or thereafter is so registered
(otherwise than by virtue of Article 118) may be re-registered under
the principal Act as limited if a special resolution that it should
be so re-registered (complying with the requirement of paragraph (2))
is passed and an application in that behalf, framed in the
prescribed form and signed by a director or by the secretary of
the company, is lodged with the registrar of companies together with
the documents mentioned in paragraph (3) not earlier than the day
on which the copy of the resolution forwarded to him in pursuance
of section 137 of the principal Act is received by him.

(2) The said requirement is that the resolution

(a)must state the manner in which the liability of the members of
the company is to be limited and, if the company is to have a
share capital, what that capital is to be; and

(b)must

(i)if the company is to be limited by guarantee, provide for the
making of such alterations in its memorandum and such alterations in
and additions to its articles as are requisite to bring the
memorandum and articles, both in substance and in form, into
conformity with the requirements of the principal Act with respect
to the substance and form of the memorandum and articles of a
company to be formed thereunder whose condition as to mode of
limitation of liability and possession of a share capital, or want
of it, will be similar to the condition of the company as to
those matters which will obtain upon its re-registration;

(ii)if the company is to be limited by shares, provide for the
making of such alterations in its memorandum as are requisite to
bring it, both in substance and in form, into conformity with the
requirements of the principal Act with respect to the substance and
form of the memorandum of a company to be formed thereunder as a
company so limited, and such alterations in and additions to its
articles as are requisite in the circumstances.

(3) The documents referred to in paragraph (1) are a printed copy
of the memorandum as altered in pursuance of the resolution and a
printed copy of the articles as so altered.

(4) The registrar shall retain the application and other documents
lodged with him under paragraph (1) and shall issue to the company
a certificate of incorporation appropriate to the status to be
assumed by the company by virtue of this Article; and upon the
issue of the certificate

(a)the status of the company shall, by virtue of the issue, be
changed from unlimited to limited; and

(b)the alterations in the memorandum specified in the resolution and
the alterations in, and additions to, the articles so specified
shall, notwithstanding anything in the principal Act, take effect.

(5) A certificate of incorporation issued by virtue of this Article
shall be conclusive evidence that the requirements of this Article
with respect to re-registration and of matters precedent and
incidental thereto have been complied with, and that the company was
authorised to be re-registered under the principal Act in pursuance
of this Article and was duly so re-registered.

Para.(6) amends s. 64 of 1960 c.22 (NI)

(7) In the event of the winding up of a company re-registered in
pursuance of this Article, the following provisions shall have
effect:

(a)notwithstanding paragraph (a) of subsection (1) of section 203 of
the principal Act (which section relates to the liability as
contributories of past and present members), a past member of the
company who was a member thereof at the time of re-registration
shall, if the winding up commences within the period of three years
beginning with the day on which the company is re-registered, be
liable to contribute to the assets of the company in respect of
debts and liabilities of its contracted before that time;

(b)where no persons who were members of the company at that time
are existing members of the company, a person who, at that time,
was a present or past member thereof shall, subject to the said
paragraph (a) and to the foregoing sub-paragraph, but notwithstanding
paragraph (c) of the said subsection (1), be liable to contribute
as aforesaid notwithstanding that the existing members have satisfied
the contributions required to be made by them in pursuance of the
principal Act;

(c)notwithstanding paragraphs (d) and (e) of the said sub-section
(1), there shall be no limit on the amount which a person who, at
that time, was a past or present member of the company is liable
to contribute as aforesaid.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 120

120. No company shall register or re-register in pursuance of
section 16(1) of the principal Act after the time at which this
Article comes into operation except upon an application in that
behalf made before that time.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 121

121.(1) Subject to paragraph (2), the Department may, if it is of
opinion that it is or would be undesirable for a Part X company
to carry on business in Northern Ireland under its corporate name,
cause a notice to that effect to be served on the company by the
registrar of companies.

(2) No notice shall be served on a company under paragraph (1)
later than six months after the relevant date or, if that date is
before the coming into operation of this Article, later than six
months after the coming into operation of this Article; and in this
paragraph "relevant date" means the date on which the company has
complied with

(a)section 356 of the principal Act (documents to be delivered for
registration by Part X company when establishing a place of business
in Northern Ireland); or

(b)if there has been a change in its corporate name, section 358(2)
of that Act (return to be delivered for registration by Part X
company where corporate name is changed).

(3) A Part X company on which a notice is served under paragraph
(1) may deliver to the registrar of companies for registration a
statement in the prescribed form specifying a name approved by the
Department other than its corporate name under which it proposes to
carry on business in Northern Ireland and may, after that name has
been registered, at any time deliver to the registrar for
registration a statement in the prescribed form specifying a name
approved by the Department other than its corporate name in
substitution for the name previously registered.

(4) The name by which a Part X company is for the time being
registered under paragraph (3) shall for all purposes of the law
applying in Northern Ireland (including the Registration of Business
Names Act 1916) be deemed to be the corporate name of the company.

(5) Paragraph (4) shall not affect references to the corporate name
of the company in this Article or any rights or obligations of the
company, or render defective any legal proceedings by or against the
company, and any legal proceedings that might have been continued or
commenced against it by its corporate name or its name previously
registered under this Article may be continued or commenced against
it by its name for the time being so registered.

(6) A Part X company on which a notice is served under paragraph
(1) shall not at any time after the expiration of two months from
the service of that notice carry on business in Northern Ireland
under its corporate name.

(7) If paragraph (6) is contravened, the company and every officer
or agent of the company who knowingly and wilfully authorises or
permits the contravention shall be guilty of an offence and liable
on conviction on indictment to a fine and on summary conviction to
a fine not exceeding #40 for every day during which the
contravention continues.

(8) Nothing in paragraph (6) shall invalidate any transaction entered
into by the company.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 122

122.(1) In section 1 of the Registration of Business Names Act 1916
(which requires registration under that Act of persons carrying on
business under a business name) after paragraph (d) there shall be
inserted

<"(e)every corporation incorporated outside Northern Ireland having a place of business in Northern Ireland and carrying on business under a business name which does not consist of its corporate name without any addition;".

(2) In relation to any such corporation as is mentioned in
paragraph (1) the said Act of 1916 shall have effect

(a)as if references in sections 3(1) and 11 to its principal place
of business were references to its principal place of business in
Northern Ireland;

(b)as if the reference in section 4 to a director or secretary of
the corporation and in section 10(1) to the secretary or any other
officer of the corporation performing the duties of secretary
included a reference to any person responsible for the management of
the business carried on by the corporation in Northern Ireland or
any other officer of the corporation, and the reference in section
19 to every director, secretary and officer of the corporation
included a reference to any such person as aforesaid.

(3) Section 13 of the said Act of 1916 (removal of name from
register where person ceases to carry on business) shall apply in
relation to any such corporation as is mentioned in paragraph (1)
on its ceasing to carry on business in Northern Ireland as it
applies in relation to a company as defined in the principal Act
on its ceasing altogether to carry on business, except that the
person whose duty it is to give the notice required by subsection
(1) of that section shall be every person who, when the corporation
ceases to carry on business in Northern Ireland, is responsible for
the management of the business of the corporation carried on in
Northern Ireland or who is then an officer or liquidator of the
corporation.

(4) Section 3(1) of the said Act of 1916 (particulars to be
registered) and the proviso to section 5 of that Act (time for
registration) shall apply in relation to registration by virtue of
the preceding provisions of this Article as if references to the
passing of that Act were references to the coming into operation of
those provisions.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 123

123.(1) The registrar of companies shall cause to be published in
the Belfast Gazette notice of the issue or receipt by him of
documents of any of the following descriptions, stating in the
notice the name of the company, the description of the document and
the date of issue or receipt, namely

(a)any certificate of incorporation of a company;

(b)any document making or evidencing an alteration in the memorandum
or articles of association of a company;

(c)any notification of a change among the directors of a company;

(d)any document delivered by a company in pursuance of Article 3(7);

(e)any notice of a change in the situation of a company's
registered office;

(f)any copy of a winding-up order in respect of a company;

(g)any order for the dissolution of a company on a winding up;

(h)any return by a liquidator of the final meeting of a company on
a winding up;

(2) A company shall not be entitled to rely against other persons
on the happening of any of the following events,

(a)the making of a winding-up order in respect of the company, or
the appointment of a liquidator in a voluntary winding up of the
company; or

(b)any alteration of the company's memorandum or articles of
association; or

(c)any change among the company's directors; or

(d)(as regards service of any document on the company) any change
in the situation of the company's registered office;

(3) For the purpose of paragraph (2) "non-business day" means a
Saturday or Sunday or a bank holiday.

Para.(4) revokes art.5 of SRO (NI) 1972/277

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 124

124.(1) Where any alteration is made in a company's memorandum or
articles of association by any statutory provision, a printed copy
of the statutory provision shall not later than fifteen days after
that provision comes into force be forwarded to the registrar of
companies and recorded by him; and where a company is required by
this Order or otherwise to send to the registrar any document
making or evidencing an alteration in the company's memorandum or
articles of association, other than a special resolution under
section 5 of the principal Act, the company shall send with it a
printed copy of the memorandum or articles as altered.

(2) If a company fails to comply with paragraph (1), the company
and any officer of the company who is in default shall be liable
to a default fine.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 125

125.Para.(1), with Schedule 4, amends 1960 c.22 (NI)

(2) In so far as any of the forms set out in the Schedule to
the Companies (Forms) Regulations (Northern Ireland) 1961 are forms
provided for the purposes of any of the provisions specified in
Schedule 4, they shall be treated as from the coming into operation
of this Article as being prescribed by those Regulations in
pursuance of those provisions as amended by Schedule 4.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 126

126.(1) For the purpose of securing that documents delivered to the
register of companies under the provisions to the Companies Acts are
of standard size, durable and easily legible, the Department may
make regulations prescribing such requirements, whether as to size,
weight, quality or colour of paper, size, type or colouring of
lettering, or otherwise, as the Department may consider appropriate.

(2) If under any such provision there is delivered to the registrar
of companies a document whether being an original document or a
copy, which in the opinion of the registrar does not comply with
such requirements prescribed under this Article as are applicable to
it, the registrar may serve on any person by whom under that
provision the document was required to be delivered, or, if there
are two or more such persons, may serve on any of them, a notice
stating his opinion to that effect and indicating the requirements
so prescribed with which in his opinion the document does not
comply.

(3) Where the registrar of companies serves a notice under paragraph
(2) with respect to a document delivered under any such provision,
then, for the purposes of any enactment which enables a penalty to
be imposed in respect of any omission to deliver to the registrar
of companies a document required to be delivered under that
provision, and, in particular, for the purposes of any such
enactment whereby such a penalty may be imposed by reference to
each day during which the omission continues,

(a)any duty imposed by that provision to deliver such a document to
the registrar shall be treated as not having been discharged by the
delivery of that document; but

(b)no account shall be taken of any days falling within the period
mentioned in paragraph (4).

(4) The period referred to in paragraph (3)(b) is the period
beginning with the day on which the document was delivered to the
registrar as mentioned in paragraph (2) and ending with the
fourteenth day after the date of service of the notice under
paragraph (2) by virtue of which paragraph (3) applies.

(5) In this Article any reference to delivering a document shall be
construed as including a reference to sending, forwarding, producing
or, in the case of a notice, giving it.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 127

127.(1) The registrar of companies may, if he thinks fit, accept
under any provision of the Companies Acts requiring a document to
be delivered to him any material other than a document which
contains the information in question and is of a kind approved by
him.

(2) The delivery to the registrar of material accepted by him as
aforesaid shall be a sufficient compliance with the provision in
question.

(3) Section 374 of the principal Act (inspection, production and
evidence of documents kept by the registrar) shall have effect as
if any material so accepted were a document kept by the registrar.

(4) In this Article any reference to delivering a document shall be
construed as including a reference to sending, forwarding, producing
or, in the case of a notice, giving it.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 128

128.(1) Every company shall have the following particulars mentioned
in legible characters in all business letters and order forms of
the company, namely

(a)the place of registration of the company, and the number with
which it is registered;

(b)the address of its registered office; and

(c)in the case of a limited company exempt from the obligation to
use the word "limited" as part of its name, the fact that it is
a limited company;

(2) If a company fails to comply with this Article, the company
shall be guilty of an offence and be liable to a fine not
exceeding #50; and if an officer of a company or any person on
its behalf issues or authorises the issue of any business letter or
order form not complying with this Articles he shall be guilty of
an offence and be liable to a fine not exceeding #50.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 129

129. In favour of a person dealing with a company in good faith,
any transaction decided on by the directors shall be deemed to be
one which it is within the capacity of the company to enter into,
and the power of the directors to bind the company shall be deemed
to be free of any limitation under the memorandum or articles of
association; and a party to a transaction so decided on shall not
be bound to enquire as to the capacity of the company to enter
into it or as to any such limitation on the powers of the
directors, and shall be presumed to have acted in good faith unless
the contrary is proved.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 130

130. Where a contract purports to be made by a company, or by a
person as agent for a company, at a time when the company has not
been formed, then, subject to any agreement to the contrary, the
contract shall have effect as a contract entered into by the person
purporting to act for the company or as agent for it, and he
shall be personally liable on the contract accordingly.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 131

131.(1) A company shall at all times have a registered office to
which all communications and notices may be addressed.

(2) The intended situation of a company's registered office on
incorporation shall be specified in the statement delivered prior to
incorporation of the company under Article 57.

(3) Notice in the prescribed form of any change in the situation
of a company's registered office shall be given within fourteen days
of the change to the registrar of companies, who shall record the
new situation.

(4) If default is made in complying with paragraph (1) or (3), the
company and every officer of the company who is in default shall
be liable to a default fine.

Para.(5) repeals s.104 of 1960 c.22 (NI)

(6) Article 57(6) shall apply as if the requirements of paragraph
(2) were included among the requirements of that Article.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 132

132.(1) A company may have, for use for sealing securities issued
by the company and for sealing documents creating or evidencing
securities so issued, an official seal which is a facsimile of the
common seal of the company with the addition on its face of the
word "Securities".

(2) A company which was incorporated before the day of the coming
into operation of this Article and which has such an official seal
as is mentioned in the preceding paragraph may use the seal for
sealing such securities and documents as are there mentioned
notwithstanding anything in any instrument constituting or regulating
the company or in any instrument made before that day which relates
to any securities issued by the company; and any provision of such
an instrument which requires any such securities or documents to be
signed shall not apply to the securities or documents if they are
sealed with that seal.

[

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 133

133. Section 377 of the principal Act (which prohibits the formation
of a company, association or partnership consisting of more than ten
persons for the purpose of carrying on the business of banking
unless it is registered as a company under the principal Act, or
is formed in pursuance of some other Act, or of letters patent)
shall not prohibit the formation of a partnership consisting of not
more than twenty persons each of whom is for the time being
authorised by the Department to be a member of a partnership formed
for that purpose and consisting of not more than twenty persons.]

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 134

134.(1) Section 382 of the principal Act (which prohibits the
formation of a company, association or partnership consisting of more
than twenty persons for the purpose of carrying on a business
[(other than the business of banking)] for gain as therein mentioned
unless it is registered as a company under the principal Act, or
is formed in pursuance of some other Act or of letters patent)
shall not prohibit the formation

(a)for the purpose of carrying on practice as solicitors, of a
partnership consisting of persons each of whom is a solicitor;

(b)for the purpose of carrying on practice as accountants, of a
partnership consisting of persons each of whom falls within Article
26(1);

(c)for the purpose of carrying on business as members of a
recognised stock exchange, of a partnership consisting of persons
each of whom is a member of that exchange.

(2) The Department may by regulations provide that the said section
382 shall not apply to the formation (otherwise than as permitted
by virtue of paragraph (1)), for a purpose specified in the
regulations, of a partnership of a description so specified.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 135

135.(1) So much of section 4(2) of the Limited Partnerships Act
1907 as provides that a limited partnership [(other than a
partnership carrying on the business of banking)]shall not consist of
more than twenty persons shall not apply

(a)to a partnership carrying on practice as solicitors and consisting
of persons each of whom is a solicitor;

(b)to a partnership carrying on practice as accountants and
consisting of persons each of whom falls within Article 26(1);

(c)to a partnership carrying on business as members of a recognised
stock exchange and consisting of persons each of whom is a member
of that exchange.

(2) The Department may by regulations provide that so much of
section 4(2) of the said Act of 1907 as provides that a limited
partnership [(other than a partnership carrying on the business of
banking)] shall not consist of more than twenty persons shall not
apply to a partnership (other than one permitted by virtue of
paragraph (1)) carrying on business of a description specified in
the regulations, being a partnership of a description so specified.

Arts.136144 amend ss.18, 63, 80, 86, 110, 127, 130, 137 of, and
insert ss.103A, 319A in, 1960 c.22 (NI)

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 145

145.(1) Part VII of the principal Act (which relates to companies
formed or registered under the former Acts therein mentioned) and
section 344 of that Act (which relates to companies not formed
under that Act but registering under it) shall apply for the
purpose of the application of the provisions of this Order to such
companies as aforesaid as they apply for the purpose of the
application thereto of the provisions of the principal Act.

(2) In section 330(1) of the principal Act (which is included in
the said Part VII), for the reference to an unlimited company
registered in pursuance of that Act as a limited company there
shall be substituted a reference to an unlimited company registered
in pursuance of that Act as a limited company or re-registered in
pursuance of this Order as a limited company.

Art.146 substitutes s.373 of 1960 c.22 (NI). Art.147(1)(2) amend
s.383 of 1960 c.22 (NI); para.(3), with Schedule 5, substitutes
sch.10 to 1960 c.22 (NI)

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 148

148.(1) It is hereby declared that the power conferred on a company
by section 384(1) of the principal Act to keep a register or other
record by recording the matters in question otherwise than by making
entries in bound books includes power to keep the register or other
record by recording the matters in question otherwise than in a
legible form so long as the recording is capable of being
reproduced in a legible form.

(2) Any provision of an instrument made by a company before the
day of the coming into operation of this Article which requires a
register of holders of debentures of the company to be kept in a
legible form shall be construed as requiring the register to be
kept in a legible or non-legible form.

(3) If any such register or other record of a company as is
mentioned in the said section 384(1) or a register of holders of
debentures of a company is kept by the company by recording the
matters in question otherwise than in a legible form, any duty
imposed on the company by virtue of the Companies Acts to allow
inspection of, or to furnish a copy of, the register or other
record or any part of it shall be treated as a duty to allow
inspection of, or to furnish, a reproduction of the recording or of
the relevant part of it in a legible form.

(4) The Department may by regulations make such provision in
addition to the preceding paragraph as it considers appropriate in
connection with such registers or other records as are mentioned in
that paragraph and are kept as there mentioned, and the regulations
may make modifications of provisions of the Companies Acts relating
to such registers or other records as are mentioned in that
paragraph.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 149

149.(1) All offences under the Companies Acts made punishable by
fine alone shall be triable summarily.

(2) Summary proceedings for any offence under the Companies Acts may
(without prejudice to any jurisdiction exercisable apart from this
paragraph) be taken against a body corporate at any place at which
the body has a place of business, and against any other person at
any place at which he is for the time being.

(3) Notwithstanding anything in section 34(a) of the Magistrates'
Courts Act (Northern Ireland) 1964 (time limit for summary
proceedings), a magistrates' court shall have jurisdiction to hear
and determine a complaint charging the commission of [an offence
punishable under the Companies Acts upon summary conviction other
than an offence which is also triable upon indictment] provided that
the complaint is made within three years from the time when the
offence was committed and within twelve months from the date on
which evidence, sufficient in the opinion of the Director of Public
Prosecutions for Northern Ireland or the Department, as the case may
be, to justify the proceedings comes to his or the Department's
knowledge.

(4) For the purposes of paragraph (3), a certificate of the
Director of Public Prosecutions for Northern Ireland or the
Department, as the case may be, as to the date on which such
evidence as is mentioned in that paragraph came to his or the
Department's knowledge shall be conclusive evidence thereof.

Para.(5) repeals s.390 of 1960 c.22 (NI)

(6) In relation to offences committed before the coming into
operation of this Article, paragraph (3) shall not apply if the
time allowed for taking proceedings under the Magistrates' Courts Act
(Northern Ireland) 1964 had already expired before this Article comes
into operation.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 150

150. An answer given by a person to a question put to him in
exercise of powers conferred by

(a)section 161 of the principal Act (as originally enacted or as
applied by section 165A of that Act or Article 43); or

(b)winding-up rules made under section 317 of the principal Act for
carrying into effect the objects of the Companies Acts so far as
relates to the winding up of companies;

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 151

151.(1) The provisions of the principal Act mentioned in paragraph
(2) shall apply in relation to this Order as they apply in
relation to that Act and accordingly in each of those provisions
for the words "this Act" wherever they occur there shall be
substituted the words "the Companies Acts".

(2) The provisions of the principal Act referred to in paragraph
(1) are the following, namely

(a)section 157 (construction of references in Act to documents
annexed to accounts);

(b)section 372 (registration office for purposes of Act);

(c)section 384 (form of registers, etc., required by Act);

(d)section 388 (default fines under Act);

(e)section 391 (nothing in Act precludes private prosecution);

(f)section 392 (proceedings under Act by Attorney General);

(g)section 395 (enforcement of court orders under Act);

(h)section 396 (annual report of matters within Act);

(i)section 397 (authentication of documents issued under Act);

(j)section 398 (power to alter requirements of Act as to balance
sheet, etc.).

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 152

152.(1) Regulations and orders made under this Order by the
Department, other than orders under Articles 1, 98 and 115, shall
be subject to negative resolution.

(2) Regulations and orders made under this Order may contain
incidental, supplementary and transitional provisions.

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 153

153.Para.(1), with Schedule 6, effects amendments; para.(2), with
Schedule 7, effects repeals; para.(3) revokes SRO (NI) 1972/277

(4) Nothing in the repeals or revocations made by this Order shall
affect the operation of any statutory provision in relation to any
offence

(a)for which a penalty was before the date on which the repeal or
revocation comes into operation provided by reference to the days
during which the offence had continued; and

(b)which is continuing at, but began before, that date.

Schedule 1Amendments. Schedule 2 sets out Schedule 6 to 1960 c.22
(NI) as amended by this Act

211(a).(d) and (e).removing property of company

confined to cases where value

of property exceeds a minimum

amount.

349(5)(a).unregistered company.

Schedule 4Amendments. Schedule 5 sets out Schedule 10 to 1960 c.22
(NI) as substituted by this Act. Schedule 6Amendments. Schedule
7Repeals