International Issues

Companies Act

Definition (Chapter 15)

710. In this Chapter “insolvency proceedings” means insolvency proceedings opened under Article 3 of the Insolvency Regulation in the State where the proceedings relate to a company.

Publication in relation to insolvency proceedings

711. (1) In this section “publication” means publication of—

(a) notice of the judgment opening the insolvency proceedings concerned;

(b) where appropriate, the decision appointing the liquidator in those proceedings;

(c) the name and business address of the liquidator; and

(d) the provision (either paragraph 1 or paragraph 2) of Article 3 of the Insolvency Regulation giving jurisdiction to open the proceedings;

in Iris Oifigiúil and once at least in 2 daily morning newspapers circulating in the State.

(2) Without prejudice to section 1050 (1), publication shall be effected by the liquidator concerned.

(3) Where the company in relation to which the insolvency proceedings are opened, has an establishment (within the meaning of Article 2(h) of the Insolvency Regulation) in the State, the liquidator or any authority mentioned in Article 21(2) of the Insolvency Regulation shall ensure that publication takes place as soon as practicable after the opening of the insolvency proceedings.

Confirmation of creditors’ voluntary winding up

712. Where—

(a) a liquidator is appointed, under section 588 , in a creditors’ voluntary winding up of a company, and

(b) the centre of the company’s main interests (within the meaning of the Insolvency Regulation) is situated in the State,

the Master of the High Court may, on application by the liquidator in the prescribed form and payment of the prescribed fee, confirm the creditors’ voluntary winding up for the purposes of the Insolvency Regulation; where that winding up is so confirmed, the Master of the High Court shall provide a certificate of such confirmation.

Provision of certain documents to liquidator

713. On—

(a) the making of a winding-up order, or

(b) the issue of a certificate by the Master of the High Court under section 712 in relation to the confirmation by the Master of a creditors’ voluntary winding up,

the proper officer of the Central Office of the High Court shall, on request and payment of the prescribed fee and subject to any conditions that may be specified in rules of court, give to the liquidator or examiner concerned—

(i) a copy of the order or certificate, certified by the officer to be a true copy, and

(ii) any other prescribed particulars.

Language of claims

714. A claim lodged with a liquidator by a creditor referred to in Article 42(2) of the Insolvency Regulation may, if not in the Irish or the English language, be required by the liquidator to be translated, in whole or in part, into either of those languages.

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.