S.L. 123.140 Art. 5Application.

(a) All applications under these rules shall be made in writing and shall contain all relevant particulars of the transactions to be effected and shall include a copy of the latest audited financial statements (if any) of the companies involved in the particular merger or division and which are in existence at the time of the application.

(b) Each application as aforesaid shall be submitted to the Commissioner together with a payment of €1000.

(c) Where the Commissioner requires further particulars for the purposes of enabling him to make a decision in respect of an application made in terms of these rules, the Commissioner shall, within thirty days of the receipt of the application, or of receipt of any further particulars previously required in terms of this paragraph, as the case may be, by written notice, require the applicant to furnish such further particulars, and if any such notice is not complied with within thirty days, or such longer period as the Commissioner may allow, the Commissioner need not proceed further with the application.

(d) The Commissioner shall notify his ruling to the applicant and to any other company which is in existence and is involved in the particular merger or division, within thirty days of receiving the application or, if he gives a notice under sub-rule (c), within thirty days after the notice has been complied with. The ruling shall not become effective unless it is signed by at least one director of each of the companies involved in the merger or division as the case may be, and which companies are in existence at the time of the issue of the ruling.

(e) If any particulars furnished under this article do not fully and accurately disclose all facts and considerations material for the ruling of the Commissioner, any resulting ruling shall be void.

(f) The ruling in terms of these rules is final and shall not be questioned in any appeal.