Companies Act 2014 section 975

Supplemental provisions in relation to section 974

Section 975 sets out the supplementary rules that apply when a Designated Activity Company (DAC) alters its objects clause by special resolution, including notice requirements for debenture holders and the Registrar, and filing obligations.

• Where a court order under section 974 restricts a DAC from altering its constitution, the DAC cannot make such changes without the court's permission, regardless of any other provision in the Act
• Debenture holders entitled to object to alterations of the DAC's objects must receive at least 10 days' notice of the meeting (or the written resolution procedure) at which the alteration is proposed
• DACs permitted under section 971 to omit "designated activity company" (or its Irish equivalent) from their name must also give the Registrar the same notice of any proposed alteration to their objects
• After a DAC alters its objects, it must file the amended memorandum of association with the Registrar within 15 days, or if a court application is made to cancel the alteration, it must immediately notify the Registrar and file a certified copy of the court order within 15 days of that order

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