Companies Act, 1990

Further amendments to the Companies (Amendment) Act, 1990 .

181.—(1) The Companies (Amendment) Act, 1990 , is hereby further amended as follows:

(a) by the substitution for section 2 (1) (b) of the following:

“(b) no resolution subsists for the winding up of the company, and”,

(b) by the substitution in section 4 (5) (f), for “company”, of “body corporate”,

(c) by the insertion after section 5 (2) (f) of the following paragraph:

“(h) no set-off between separate bank accounts of the company shall be effected, except with the consent of the examiner, and in this paragraph ‘bank account’ includes an account with any person exempt by virtue of section 7 (4) of the Central Bank Act, 1971 , from the requirement of holding a licence under section 9 of that Act,”,

(d) by the insertion in section 11 (5), after “towards” of “discharging”, and

(e) by the insertion of the following section after section 36:

“Proceedings by registrar.

36A.—Proceedings in relation to an offence under section 11 (6), 12 or 30 may be brought and prosecuted by the registrar of companies.”.

(2) Section 30 (3) of the Companies (Amendment) Act, 1990 , is hereby repealed.