Ireland · Examinership and the small company rescue process
Examinership: the creditors' committee, the examiner's proposals and the conclusion of the examinership
the Companies Act 2014 · sections 534, 536 to 540, 542, 544, 554 and 555
The examiner must hold the meetings on 3 days' notice, not the usual 21
The meetings that decide the proposals run on a compressed notice period. Notwithstanding the general provisions of Part 4 on notice of general meetings, but subject to notice of not less than 3 days in any case, the examiner must convene and conduct the meetings section 534(2)(a) requires and must act in the manner section 534(2)(b) requires. A company that expects the usual 21-day notice has misread the Part.
The conclusion of an examinership carries a filing that closes the process. An examiner, or such other person as the court directs, must act within 14 days after the date of delivery to the Registrar of every order made under the section, in the manner section 555(1) requires. Until that step is taken the record does not show that the examinership has ended.
Sections 534 and 536 to 540 govern the examiner's report, contract repudiation and proposals to members and creditors
Sections 534 and 536 to 540 govern the examiner's report, the repudiation of certain contracts and the proposals put to members and creditors. The proposals are put to classes, and the composition of each class determines whether the proposals can be confirmed, so the classification is a substantive decision rather than an administrative one.
Sections 542, 544, 554 and 555 govern the creditors' committee, the court's consideration of the proposals and the conclusion of the examinership. The court is not bound to confirm proposals that have been approved, and the sections set what the court must be satisfied about before it does so.
The system generates your ComplianceSME company passport and then walks you through the working files
Working files 82 and 83 of the IE-COMPANY agent toolkit cover this situation. Working file 82 works through the examiner's report and the repudiation of contracts. Working file 83 works through the creditors' committee, the proposals, the meetings convened, the notice given, the classes formed, the court hearing and the filings that conclude the examinership.
- Working file 82 · Examinership: the examiner's report and repudiation of certain contracts
- Working file 83 · Examinership: the creditors' committee, the proposals and the conclusion of the examinership
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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