Ireland · Examinership and the small company rescue process
The small company administrative rescue process: eligibility, the resolution and the appointment
the Companies Act 2014 · sections 558B to 558O
The rescue process runs on 7-day and 5-day deadlines that start before the process adviser is appointed
The rescue process starts on a determination and then runs on very short periods. Any meeting called under section 558E(2) must be held before the expiry of the period of 7 days beginning on the date on which the directors of the eligible company receive the determination (section 558E(3)). The process adviser must keep the section 558C determination under review throughout the rescue period (section 558F(2)), so eligibility is a continuing condition rather than an entry test.
Notice of the appointment is the step that fixes everyone's position. The process adviser must, as soon as practicable and in any event no later than 5 days after the passing of the resolution, give the persons specified in section 558K(3) the notice section 558K(2) requires. As soon as practicable after the resolution, the process adviser must also give the notice section 558L(2) requires to a creditor, requiring that creditor to respond.
Sections 558B to 558O set out eligibility, the process adviser's role and the notice requirements for the rescue process
Sections 558B to 558E govern eligibility, the determination made in relation to an eligible company and the resolution of the directors to appoint a process adviser. Sections 558F to 558J govern the process adviser's role, the review of the determination and the requirements on appointment.
Sections 558K to 558O govern the notice of appointment, excludable debt, the powers of the court and the requirements that follow notice. Excludable debt is not swept into the plan automatically, so a company that assumes all its liabilities are covered has misread the position it will be in at the end of the process.
The system generates your ComplianceSME company passport and then walks you through the working files
Working files 84, 85 and 86 of the IE-COMPANY agent toolkit cover this situation. Working file 84 works through eligibility and the resolution to appoint. Working file 85 works through the process adviser's determinations and the notice of appointment. Working file 86 works through excludable debt, the court's powers and the requirements that follow the notice. Each file asks for the dates on which each step happened, because every period in this Part is measured in days.
- Working file 84 · The small company administrative rescue process: eligibility and the resolution to appoint
- Working file 85 · Rescue process: the process adviser's determinations and notice of appointment
- Working file 86 · Rescue process: excludable debt, the court's powers and requirements following notice
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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.
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