Companies Act 2014 section 1232

Unlimited company to carry on activity in the State

Section 1232 sets out the requirement that an unlimited company must intend to carry on an activity in the State as a precondition for its formation and registration.

• An unlimited company cannot be formed and registered unless the Registrar is satisfied it will carry on an activity in the State.
• The intended activity must be specifically mentioned in the company's memorandum.
• This mirrors the general requirement under section 18 for all companies, but with the additional condition that the activity is referenced in the memorandum.
• The Registrar acts as gatekeeper, assessing the company's stated intentions before permitting registration.