Companies Act 2014 section 63

Procedure for re-registration as designated activity company under this Chapter

Section 63 sets out the step-by-step procedure that an existing private company must follow to re-register as a designated activity company (DAC), including the required resolutions, documents to be filed with the Registrar, and the legal effect of re-registration.

• The company must pass either an ordinary resolution of members or a directors' resolution (depending on the circumstances) to alter its memorandum to state it will be a DAC and to change "limited" or "teoranta" in its name to "designated activity company" or "cuideachta ghníomhaíochta ainmnithe".
• A prescribed application form signed by a director or secretary must be delivered to the Registrar, accompanied by a copy of the resolution, the amended memorandum and articles, and a statement of compliance confirming all re-registration requirements have been met.
• Once satisfied, the Registrar retains the documents and issues a new certificate of incorporation, which serves as conclusive evidence that the company is now a DAC and that all legal requirements have been fulfilled.
• Re-registration does not affect the company's existing rights, obligations, or any legal proceedings, and where the company previously relied on Table A regulations as its articles, those regulations continue in force as the DAC's articles subject to mandatory provisions and the ability to amend them under Part 16.