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IMEACHTA AN CHOISTE.THE PROCEEDINGS OF THE COMMITTEE.Déardaoin, 21 Feabhra, 1963.Thursday, 21st February, 1963.1. The Committee met at 7 p.m. 2. Members Present. The following members were present:— Deputy Colley (in the Chair), the Minister for Industry and Commerce, Deputies Byrne, D. Costello, de Valera, Gallagher, Pattison and Sweetman. 3. Consideration of Bill. The Committee resumed consideration of the Bill. (i) Section 99. Amendment proposed (Minister for Industry and Commerce): “In subsection (1), lines 45 and 46, to delete ‘together with the instrument, if any, by which the charge is created or evidenced’ and substitute: ‘verified in the prescribed manner’.” Amendment agreed to. Amendment proposed (Minister for Industry and Commerce): “In subsection (3), page 65, to delete all words from ‘the delivery to’ in line 17 to ‘copy’ in line 22 and substitute ‘21 days after the date on which the prescribed particulars’ and, in lines 25 and 26, to delete ‘and instrument or copy’.” Amendment agreed to. Amendment proposed (Minister for Industry and Commerce): “In subsection (4), lines 28 and 29, to delete ‘instrument creating or purporting to create the charge’ and substitute ‘prescribed particulars’.” Amendment agreed to. Amendment proposed (Minister for Industry and Commerce): “To delete subsection (5) and substitute: ‘() Where a charge comprises property situate outside the State and registration in the country where the property is situate is necessary to make the charge valid or effectual according to the law of that country, a certificate in the prescribed form stating that the charge was presented for registration in the country where the property is situate on the date on which it was so presented shall be delivered to the registrar of companies for registration.”’ Amendment agreed to. Amendment proposed (Minister for Industry and Commerce): “In subsection (8), page 66, lines 7 and 8, to delete ‘the deed containing the charge, or, if there is no such deed,’.” Amendment agreed to. Section, as amended, agreed to. (ii) Section 100. Amendment proposed (Minister for Industry and Commerce): “In subsection (3), to delete ‘within the time required by section 99’ at each place where it occurs in lines 44 and 48.” Amendment agreed to. Amendment proposed (Minister for Industry and Commerce): “To delete subsection (5).” Amendment agreed to. Section, as amended, agreed to. (iii) Section 101. Amendment proposed (Minister for Industry and Commerce): “To delete subsection (1) and substitute: ‘(1) Where a company acquires any property which is subject to a charge of any such kind as would, if it had been created after the acquisition of the property, have been required to be registered under this Part, the company shall cause the prescribed particulars of the charge, verified in the prescribed manner, to be delivered to the registrar of companies for registration in manner required by this Act within 21 days after the date on which the acquisition is completed so, however, that if the property is situated and the charge was created outside the State, 21 days after the date on which the prescribed particulars could, in due course of post and if despatched with due diligence, have been received in the State, shall be substituted for 21 days after the completion of the acquisition as the time within which the particulars are to be delivered to the registrar.” Amendment agreed to. Section, as amended, agreed to. (iv) Section 102. Amendment proposed (Minister for Industry and Commerce): “In subsection (1), page 67, line 25, to delete ‘by which the judgment mortgage was created’ and substitute ‘required for the purpose of registering the judgment as a mortgage’.” Amendment agreed to. Section, as amended, agreed to. (v) Section 103. Amendment proposed (Minister for Industry and Commerce): “To delete subsection (2).” Amendment agreed to. Section, as amended, agreed to. (vi) New section. Amendment proposed (Minister for Industry and Commerce): “Before section 104 to insert a new section as follows: ‘The registrar shall give a certificate under his hand of the registration of any charge registered in pursuance of this Part, stating the amount thereby secured, and the certificate shall be conclusive evidence that the requirements of this Part as to registration have been complied with.”’ Question:—“That the new section be there inserted”—put, and agreed to. (vii) Section 104 deleted. (viii) Section 105 agreed to. (ix) Section 106. Amendment proposed (Minister for Industry and Commerce): “To insert a new subsection as follows: ‘(2) The grant of relief by the court under this section shall, if the court so directs, not have the effect of relieving the company or its officers of any liability already incurred under section 100.”’ Amendment agreed to. Section, as amended, agreed to. (x) Sections 107 and 108 agreed to. (xi) Section 109. Amendment proposed (Minister for Industry and Commerce): “After ‘Part’ to insert ‘, including every affidavit a copy of which has been delivered to the company under section 102,’.” Amendment agreed to. Section, as amended, agreed to. (xii) Section 110. Amendment proposed (Minister for Industry and Commerce): “In subsection (1), page 69, to delete lines 26 and 27 and to substitute: ‘The copies of instruments referred to in section 109’.” Amendment agreed to. Section, as amended, agreed to. (xiii) Sections 111, 112 and 113 agreed to. (xiv) Section 114. Amendment proposed (Minister for Industry and Commerce): “In subsection (1), paragraph (c), page 71, line 5, to delete ‘circulars, trade catalogues, showcards’.” Amendment agreed to. Section, as amended, agreed to. (xv) Sections 115 to 118 inclusive, agreed to. (xvi) Section 119. Amendment proposed (Deputy Sweetman): “In subsection (2), page 74, line 43 after ‘copied’ to add ‘where the copy of the register or any part thereof exceeds 2,000 words a special fee at the rate of 1/- per every 100 words in excess of 2,000 may be charged’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy Sweetman): “In subsection (2), page 74, line 45 to delete ‘10’ and substitute ‘30’.” Amendment, by leave, withdrawn. Section agreed to. (xvii) Sections 120 and 121 agreed to. (xviii) Section 122. Amendment proposed (Minister for Industry and Commerce): “In subsection (5), page 75, line 48, to add: ‘The company shall, within 21 days, give notice of the rectification to the registrar of companies’.” Amendment agreed to. Section, as amended, agreed to. (xix) Sections 123 to 129 inclusive, agreed to. Further consideration of the Bill adjourned. 4. Adjournment. The Committee adjourned at 9.20 p.m. |
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