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Dáil Éireann debate -
Wednesday, 11 Oct 1995

Vol. 456 No. 7

Written Answers. - Dublin Site Disposal.

Seán Kenny

Question:

70 Mr. S. Kenny asked the Minister for Finance if he will instruct Dublin Corporation regarding the disposal of a site (details supplied) in Dublin 13 which is vested in him under section 12 (3) of the Companies (Amendment) Act, 1982. [14595/95]

Following inquiries by Dublin Corporation in March of this year, the Chief State Solicitor was requested to investigate the position in relation to the site referred to by the Deputy. He confirmed that, following dissolution in 1989 of the company registered as owner, this site now vests in the Minister for Finance by virtue of section 28 (2) of the State Property Act, 1954. Under section 31 of that Act it is open to the Minister to waive his interest in this site.

However, before initiating such action it is necessary to clarify whether or not the former directors of the company wish to avail of their right under section 311 (8) of the Companies Act, 1963, to petition the courts for restoration of the company to the Register of Companies. If the company were to successfully make such an application, reinstatement would be retrospective to the date of dissolution and the involvement of the Minister for Finance in the matter would therefore be at an end.

The Chief State Solicitor is currently in communication with the former directors of the company registered as owner in order to ascertain their intentions in this regard. As soon as this point is clarified, the question of waiver in favour of Dublin Corporation can be pursued at an early date.

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