Official form guide
Form 41 - Originating Notice Of Motion - Restoration Of Companies To The Register
This form is a legal document used in the Courts Service of Ireland. It initiates a motion process aimed at restoring a company's status on the official register.
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Form Overview
Courts Service of Ireland - Form 41 - Originating Notice Of Motion - Restoration Of Companies To The Register
This form is a legal document used in the Courts Service of Ireland. It initiates a motion process aimed at restoring a company's status on the official register.
Risk Radar
Scan points- 1Ensure the legal grounds for restoration are clearly stated in the motion.
- 2Missing supporting documentation (e.g., resolutions)
- 3Incorrectly identifying the company's legal status
- 4Failure to include all necessary party details
- 5Using outdated form versions
Plain English
If a company has been removed or struck off the Companies Register, this form starts the court action needed to get it back. It essentially asks the court for permission to reactivate the business legally.
Submission Date
- Filing date: The timing is governed by court rules; consult the relevant Rules of the Superior Courts or CRO guidelines for specific deadlines.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- * You are initiating legal action to restore a company's status.
- * The company was previously removed from the official register.
- * This form starts a formal motion process in court.
- * Use this when a simple administrative update is insufficient, requiring judicial intervention.
Form selector
Use this form or another form?
If the company is already registered
Use this if Form 41 is unnecessary or incorrect for your current status
✓ Check the Companies Registration Office (CRO) website first
If the motion relates to insolvency/liquidation
The courts handle specific legal statuses; ensure all required documentation is attached
✓ Confirm with a legal professional before filing
Solicitor's advice and related court filings
If you are using an e-filing system
Check if your local District Court or Circuit Court has specific electronic submission requirements
✓ Verify the correct submission method for Form 41
Courts Service online portal guidance
If the company status issue is administrative (e.g., name change)
Administrative changes are usually handled by the CRO, not a court motion
✓ Determine if the issue requires judicial intervention or just an update
CRO Portal forms/Direct communication with CRO
Deadline or filing window
The timing is governed by court rules; consult the relevant Rules of the Superior Courts or CRO guidelines for specific deadlines.
Before you submit
- 1Gather all relevant corporate documents detailing the company’s previous status and removal.
- 2Identify the specific court jurisdiction where the motion must be filed.
- 3Confirm that all necessary supporting affidavits are properly signed and witnessed.
- 4Verify payment of any requisite filing fees to the Courts Service.
- 5Ensure the originating notice clearly states the grounds for restoration.
How to file this form
- 1Prepare Form 41, ensuring all details regarding the company and motion are accurate.
- 2Compile all supporting legal documents (e.g., resolutions, minutes).
- 3Submit the full package to the appropriate District Registry Office or court clerk.
- 4Pay the required filing fee at the time of submission.
- 5Obtain a stamped copy of the filed notice for your records.
Known limitations
- 1This form only initiates the motion; it does not guarantee restoration of status.
- 2The success depends on satisfying the court's requirements and evidence presented.
- 3Specific rules regarding service (serving the documents to other parties) must be followed strictly.
- 4Not confirmed in official source: The required supporting documentation list can change.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This is a formal legal notice filed through the Courts Service of Ireland. Always check the current requirements and associated court rules before preparing or submitting.
What changed or needs a fresh check
- Verify the current year and section numbers printed on the form.
- Check if new accompanying court orders or affidavits are required for filing.
- Confirm the correct local district registry office jurisdiction.
- Review any changes to mandatory supporting documentation (e.g., minutes, resolutions).
- Ensure all named parties' details match official company records.
Quick Facts
Form Details
- Revision date
- 20/02/26
Downloads & source
Sources
- SRCIssuing Agency: Courts Service of Ireland
- SRCForm Purpose: Initiating a motion (legal process)
- SRCContext: Restoration of company status on the register
- SRCAction Required: Judicial filing, not administrative submission
Common confusion points
Mistaking a simple administrative update (CRO) for a judicial motion (Courts).
Assuming filing Form 41 automatically restores the company without further evidence or hearings.
Failing to correctly identify the specific court jurisdiction required for the motion.
Not realizing that legal representation may be mandatory for this type of action.
Source transparency
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