A company which is in receivership has had a receiver appointed who is realising and receiving its assets and/or managing its affairs in the hope that debts outstanding to the debenture holder which appointed him/her can be met.
A receiver may be any person who is neither a body corporate nor an undischarged bankrupt. He/she may be appointed by the Court or out of Court to act as receiver of the property of a company. He/she will apply its benefits, rights, interests, as directed and will account for his/her receipts and payments during the period of her/his appointment. The duties of a receiver are normally set out in the instrument under the terms of which he/she is appointed.
A notice of appointment of receiver (Form E8) must be filed with the CRO within seven days of appointment and must also be published in Iris Oifigiúil and in at least one daily newspaper circulating in the district where the registered office of the company is situated.
Once a receiver is appointed all invoices, orders for goods and business letters issued by or on behalf of the company must contain a notice to that effect.
Where a receiver is appointed on behalf of debenture holders, who are secured by a floating charge, a statement of the company's affairs (E10/Form 17) must be submitted to the receiver who must file a copy of same with the CRO.
The receiver must file abstracts of her/his receipts and payments on Form E9, for each six-month period from the date of her/his appointment, and any lesser final period up to the date he/she ceases to act. A notice of ceasing to act must then be filed on Form E11.
All receivership documents have filing fees of €15.
Upon cessation, unless the company is already in liquidation, a statement by the receiver, is required under Section 52 of the Company Law Enforcement Act 2001, to assert whether, at the date of cessation, the company was solvent. This statement is filed with the final receivers abstract. This statement is forwarded by the CRO to the Office of the Director of Corporate Enforcement.
Link to Forms Page E8-E11
Companies listed as being in Receivership on the CRO Register, means that Form E8 (Notice of appointment of Receiver) per Section 107 Companies Act 1963, has been filed with the CRO in respect of part or all of the property of the company, which property may or may not be beneficially owned by the company. Please refer to the relevant E8 form(s) filed with the CRO for further information.
Receivers and form B2
A receiver is not an officer of a company but instead is appointed over the relevant property of the company and accordingly has no authority to sign statutory filings with CRO on behalf of a company - for instance a B2 to change the registered office.
Statutory filings on behalf of companies are required to be signed by a director or secretary of the company or where the company is in liquidation, by the liquidator of the company. The only exception to this is NAMA-appointed receivers ('statutory receivers') - under the NAMA legislation, statutory receivers are given power to notify CRO of a change in the registered office of any company over whose property he/she has been appointed as statutory receiver.
A B2 signed by a statutory receiver notifying a change in the registered office of the company over whose property he/she has been appointed receiver is registrable by CRO on that basis.
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