Share Transfers
RSC O.46.5 to 46.13
III. Notice to restrain transfer of stock.
5. In this part of this Order the expression ‘company’ means any body corporate (including a company, public or private) incorporated or having a register within the jurisdiction, and the expression ‘stock’ includes any shares, securities, and any dividends (including interest and bonuses) thereon.
6. Any person claiming to be interested in any stock standing in the books or inscribed in the register (within the jurisdiction) of a company may, on an affidavit by himself or his solicitor in the Form No. 27 in Appendix C, and on filing the same in the Central Office with a notice in the Form No. 28 in Appendix C, and on procuring an attested copy of the affidavit and a duplicate of the filed notice authenticated by the seal of the High Court, serve the attested copy and duplicate notice on the company.
7. There shall be appended to the affidavit a note stating the person on whose behalf it is filed, and to what address notices (if any) for that person are to be sent.
8. All such notices shall be deemed to have been duly sent, if sent through the post by a prepaid letter directed to that person at the address so stated, or at any such substituted address as hereinafter mentioned, whether the person to whom the notice is sent be living or not.
9. The address so stated may, from time to time, be altered by the person by whom or on whose behalf the affidavit is filed, but no notice sent by post before the alteration to the address originally given or for the time being substituted therefor shall be affected by any subsequent alteration. Any such alteration or address may be made by service of a memorandum thereof on the company in the manner required for service of a notice under this Order.
10. From and after the service of the attested copy of the affidavit and of the duplicate of the filed notice, it shall not be lawful for the company to permit the stock specified in the notice to be transferred, nor, if the notice is expressed to be intended to stop the receipt of dividends, to pay the dividends on the stock so specified, so long as the notice shall remain operative.
11. A notice filed under rule 6 may at any time be withdrawn by the person by whom or on whose behalf it was given on a written request signed by him, or its operation may be made to cease by an order to be obtained by motion on notice duly served by any other person claiming to be interested in the stock sought to be affected by the notice.
12. If, while a notice filed under rule 6 continues in force, the company on whom it is served receives from the person in whose name the stock specified in the notice is standing or inscribed, or from some person acting on his behalf or representing him, a request to permit the stock to be transferred or to pay the dividends thereon, the company shall not, by force or in consequence of the service of the notice, be authorised, without the order of the court, to refuse to permit the transfer to be made or to withhold the payment of the dividends for more than eight days after the date of the request.
13. If the person who files a notice under rule 6 wishes to correct the description of the stock specified in the filed notice, he may file an amended notice and serve on the company a duplicate thereof, sealed with the seal of the High Court, and in that case the service of the notice shall be deemed to have been made on the day
The text in italics on this page is sourced from the Irish Statute Book and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.