Ireland · Charges and receivers
Appointment of a receiver, the statement of affairs, the receiver's powers and the accounts
the Companies Act 2014 · sections 429 to 431, 433 to 436, 439 to 441 and 445 to 447
Company officers must file the statement of affairs and receivers file abstracts every 6 months
Receivership imposes duties on the company as well as on the receiver, and the company's duties start immediately. Where a receiver of the whole, or substantially the whole, of the property of a company is appointed, section 430(1) sets what follows for the company and its officers, including the statement of affairs the receiver is entitled to receive. Officers who treat the appointment as the end of their responsibilities create personal exposure.
The reporting cycle then runs on fixed dates. The receiver must send the Registrar the abstract required within 30 days after the expiry of the initial period of 6 months, and within 30 days after the expiry of each subsequent period of 6 months, and in the further case section 430(3)(b) describes. Section 441(2) imposes the same cycle except where section 430(3) applies. A receivership that continues quietly for a year has two abstracts due, not one.
A receiver disqualified under section 433 must vacate office and give written notice
Sections 433 to 436 govern qualification, resignation and removal. A receiver who becomes disqualified by virtue of section 433 must vacate office at that point and give written notice within the period section 433(3) sets. A receiver appointed under an instrument may resign only after giving at least 30 days' prior notice to the persons the section names (section 434(1)). Notice of proceedings seeking removal must be served on the receiver and on the person who appointed the receiver not less than 7 days before the hearing (section 435(2)).
Sections 439 to 441 and 445 to 447 govern powers, duties, accounts and enforcement. A receiver may not sell a non-cash asset of the requisite value by private contract to a person who is, or who within the 3 years before the date of appointment was, a person of the kind section 439(3) describes. An application under section 445 must be served on the receiver and on the appointor not less than 7 days before the hearing (section 445(5)).
The system generates your ComplianceSME company passport and then walks you through the working files
Working files 66, 67 and 68 of the IE-COMPANY agent toolkit cover this situation. Working file 66 works through the appointment and the statement of affairs submitted to the receiver. Working file 67 works through qualification, resignation, removal and the notices to the Registrar. Working file 68 works through the receiver's powers and duties, the abstracts of receipts and payments, the sale restrictions and the enforcement of the receiver's duties.
- Working file 66 · Appointment of a receiver and the statement of affairs submitted to the receiver
- Working file 67 · Qualification, resignation and removal of a receiver and notice to the Registrar
- Working file 68 · Powers, duties and accounts of receivers and enforcement of their duties
Free, with a free account
The working files above open from your ComplianceSME account at no charge, and so does the rest of the Companies Act 2014 toolkit: 215 working files across the 75 situations a company registered in Ireland can be in. Working file 1 runs first and builds the company passport; after that you open each working file as its situation arises.
A working file runs in Claude. You ask the ComplianceSME connector for it in a dedicated premium seat on the Claude Team plan. It asks one question at a time, then returns the document the Companies Act 2014 names, citing the Act's section at every step. Nothing is downloaded and nothing is installed.
The report stays yours, ready for a bank, an insurer, a customer or an inspector. Your dashboard shows every working file and its state.
Open this working fileComplianceSME 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