Companies Act 2014 section 1412

Definitions for the purposes of de-registration provisions contained in sections 1413 and 1414

Section 1412 sets out the key definitions used in the provisions governing the de-registration of Irish-incorporated investment companies that wish to migrate to another jurisdiction.

• An "applicant" is an investment company seeking to de-register from Ireland and re-register in an approved foreign jurisdiction.
• A "relevant jurisdiction" is a place outside Ireland that the Minister has prescribed by regulation as an acceptable destination for such migrations.
• "Transfer documents" comprise a director's statutory declaration (covering solvency, no outstanding winding-up proceedings, no intent to defraud creditors, and compliance with the company's constitution), a declaration of solvency, and a copy of the special resolution approving the move.
• The Minister may only prescribe a foreign jurisdiction if its laws provide for corporate continuations in a manner substantially similar to how foreign companies can continue under Irish law.