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 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
- Ensure the legal grounds for restoration are clearly stated in the motion.
- Missing supporting documentation (e.g., resolutions)
- Incorrectly identifying the company's legal status
- Failure to include all necessary party details
- Using outdated form versions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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| If the company is already registered | CRO Portal search/CRO forms | 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 | Solicitor's advice and related court filings | The courts handle specific legal statuses; ensure all required documentation is attached | Confirm with a legal professional before filing |
| If you are using an e-filing system | Courts Service online portal guidance | Check if your local District Court or Circuit Court has specific electronic submission requirements | Verify the correct submission method for Form 41 |
| If the company status issue is administrative (e.g., name change) | CRO Portal forms/Direct communication with CRO | Administrative changes are usually handled by the CRO, not a court motion | Determine if the issue requires judicial intervention or just an update |
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
- • Gather all relevant corporate documents detailing the company’s previous status and removal.
- • Identify the specific court jurisdiction where the motion must be filed.
- • Confirm that all necessary supporting affidavits are properly signed and witnessed.
- • Verify payment of any requisite filing fees to the Courts Service.
- • Ensure 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
- • This form only initiates the motion; it does not guarantee restoration of status.
- • The success depends on satisfying the court's requirements and evidence presented.
- • Specific rules regarding service (serving the documents to other parties) must be followed strictly.
- • Not confirmed in official source: The required supporting documentation list can change.
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✦ Open in AI EditorCurrent Form Status
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.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/02/26
Downloads
Form 41 - Originating Notice Of Motion - Restoration Of Companies To The Register
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After you file
- • Track the case number assigned by the court registry office.
- • Monitor the court schedule for hearing dates related to the motion.
- • Be prepared to appear at court hearings with all original documents.
- • Follow up with legal counsel regarding procedural next steps and deadlines.
Source and verification log
- • Issuing Agency: Courts Service of Ireland
- • Form Purpose: Initiating a motion (legal process)
- • Context: Restoration of company status on the register
- • Action Required: Judicial filing, not administrative submission
Common confusion points
4 things to watch for
- 1
Mistaking a simple administrative update (CRO) for a judicial motion (Courts).
- 2
Assuming filing Form 41 automatically restores the company without further evidence or hearings.
- 3
Failing to correctly identify the specific court jurisdiction required for the motion.
- 4
Not realizing that legal representation may be mandatory for this type of action.
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