Court Winding Up

A company can be wound up by the High Court at the instigation principally of any member or creditor of the company. The Court appoints the liquidator and he/she becomes an officer of the Court and works under its supervision.

Statutory requirements
A petition must be presented to the Court and when a winding up order is made a copy will be submitted to the Registrar by an officer of the Court. The circumstances in which a company may be wound up are stated in section 569 of the Companies Act 2014.

A company may deemed unable to pay its debts, under section 570 Companies Act 2014, if a creditor is owed a sum greater than €10,000 and a demand served on the company at its registered office has not been met within 21 days to the reasonable satisfaction of the creditor.

The court on winding up the company may direct that the liquidator follow the Creditors Voluntary Winding Up procedure. The liquidator, when appointed, must publish a notice of his/her appointment in Iris OifigiúilLinks to external website. A copy of any other subsequent order annulling or staying the winding up or dissolving the company must also be delivered for registration.

If Following Creditors Winding Up Procedure, Court liquidator would file:
Form E3, Liquidator's account of his/her acts and dealings - is not required if the winding up continues for a period of less than 12 months. However, if the winding up continues for a longer period, a Form E3 must be filed for the first 12 months, and for every period of exactly 12 months thereafter. Any lesser period to the date of the final meeting need not be covered by a form E3.

Form E4, liquidator's statement of account under section 681 - is not required if the winding up continues for a period of less than 12 months. However, if the winding up continues for longer, Form E4 must be filed for the initial period of 12 months, and each subsequent six-month period, and any lesser period, up to the date of the close of winding up (date of final meeting on Form E7). Form E4 has a filing fee of €15.

Form E7, Return of the final members and creditors meetings is submitted at the completion of the liquidation and is accompanied by a full statement of account spanning the duration of the liquidation (Form E5).

Forms E2, E3, E4, G2, E7 and E5 have filing fees of €15 each.

If Following Court Procedure, Court liquidator would file:
Form E3, Liquidator's account of his/her acts and dealings - is not required if the winding up continues for a period of less than 12 months. However, if the winding up continues for a longer period, a Form E3 must be filed for the first 12 months, and for every period of exactly 12 months thereafter. Any lesser period to the date of the final meeting need not be covered by a form E3.

Form E4, liquidator's statement of account under section 681 - is not required if the winding up continues for a period of less than 12 months. However, if the winding up continues for longer, Form E4 must be filed for the initial period of 12 months, and each subsequent six-month period, and any lesser period, up to the date of the close of winding up (date of final court order). Form E4 has a filing fee of €15.

The final court order must be then submitted and a court order has a filing fee of €15. Link to new Forms Page

Dissolution
If following Creditors Procedure:
Three months after registration of the final documents - Form E7 and Form E5, the company is deemed to be dissolved. The dissolution can be voided within 2 years under section 708 of the Companies Act 2014. 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.

If following Court Procedure:
The winding up will conclude once the court order dissolving the company and the final Form E4 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 708 of the Companies Act 2014. 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.

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