Ireland · Winding up, strike off and restoration

A creditors' voluntary winding up, the creditors' meeting and the conclusion of the liquidation

the Companies Act 2014 · sections 586, 587 and 706 to 708

The creditors' meeting is advertised as well as notified, and both steps run on ten days. The company must send each creditor written notice of the meeting at least 10 days before the date of the creditors' meeting (section 587(2)), and must cause notice of the meeting to be advertised at least 10 days before the date of the meeting, at least once in each of two daily newspapers circulating in the district section 587(6) identifies. Where the company has passed the resolution, it must give notice of that fact within 14 days after the date on which it was passed (section 586(4)).

Completion carries a longer notice period and a short filing period. Each final meeting must be called by giving at least 28 days' written notice to the members or creditors as the case may be (section 706(3)). Within 7 days after the date of the meetings, or after the later meeting where they are not held on the same date, the liquidator must send the Registrar the documents section 706(4) requires. A person on whose application an order under section 706(8) is made has 14 days after the making of the order to deliver a certified copy to the Registrar (section 706(9)).

Sections 586 and 587 govern the resolution for a creditors' voluntary winding up, the meeting of creditors, the notice and advertisement of that meeting and the statement of affairs laid before it. The creditors' meeting is where the creditors may nominate a liquidator, so a meeting convened on short notice risks the appointment as well as the process.

Sections 706 to 708 govern completion of the liquidation, the disposal of the company's books and papers and the voiding of a dissolution. The disposal rules matter because the records may still be needed for a restriction or disqualification application after the company has gone.

Working files 96 and 111 of the IE-COMPANY agent toolkit cover this situation. Working file 96 works through the resolution, the creditors' meeting, the notice and the advertisement, with the dates of each. Working file 111 works through completion: the final meetings, the 28-day notice, the 7-day filings, the disposal of books and papers and any order voiding a dissolution.

• Working file 96 · Creditors' voluntary winding up and the meeting of creditors
• Working file 111 · Completion of a creditors' voluntary winding up, disposal of books and voiding a dissolution

ComplianceSME tracks the Companies Act 2014 and updates the toolkit on your account through the Compliance Complete account, so that you are never working from a superseded version. Compliance Complete

• A members' voluntary winding up and the final dissolution
• Realising the assets, the statement of affairs and antecedent transactions
• Paying the creditors: preferential payments and unclaimed dividends
• The liquidator: qualification, appointment, powers and remuneration
• Contributories, the committee of inspection and the court's powers
• Running the winding up: annual meetings, progress reports and offences
• Voluntary strike off and restoration to the register

The Irish library holds all 75 situations →