Court Winding Up
A company can be wound up by the Court at the instigation principally of any member or creditor of the company or the Minister in appropriate circumstances. The Court appoints the liquidator and he/she becomes an officer of the Court and works under its supervision.
(the Court, used in relation to a company, means the High Court)
A petition must be presented to the Court and when a winding up order is made an office copy must be delivered to the CRO. An office copy of a court order is one which bears the actual signature of the attestor. A court order has a filing fee of €15.
If the company is not completely wound up within two years, then the liquidator must present a record of accounts by filing Forms 22(E4) and 23(E4), (the latter in duplicate). Form E3 is not required in a court liquidation. Form 22(E4), liquidator's affidavit has a filing fee of €15 and is accompanied by form 23(E4), liquidator's section 306 accounts, which has no fee.
The liquidator, when appointed, must publish a notice of his/her appointment in Iris Oifigiúil. A copy of any other subsequent order annulling or staying the winding up or dissolving the company must also be delivered for registration.
If the Court winding up continues for a period of less than two years, Forms 22(E4) and 23(E4) are not required. However, if it continues for a longer period, the first Forms 22(E4) and 23(E4) (the latter in duplicate) must be submitted for a period starting from the date of presentation of the petition to the Court or date of appointment of the liquidator, and brought down to a date two years from the commencement of the winding up, and further Forms 22(E4) and 23(E4) (the latter in duplicate) must be submitted for each subsequent period of 12 months, and any lesser period up to the date of the examiners final certificate (if any), or to the date that the Court Order dissolving the company has been delivered for registration.
Link to Forms Page E4
The winding up will conclude once the court order dissolving the company, the examiners certificate, if any, and the final Forms E4/22 and E4/23 (the latter in duplicate) have been lodged with the CRO.
When the Court makes an order for the dissolution of a company, it may order that the company be dissolved from the date of presentation of the order to the CRO.
The dissolution can be voided within 2 years under section 310 of the Companies Act 1963. A copy of the court order must be sent to the CRO (with the filing fee €15) and the status of the company is then returned to Liquidation.
Please see also:
Link to Disqualified/Restricted Persons Search.
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