Bankruptcy Act 1988

140A

F107[Registration of judgments given in insolvency proceedings.

140A. (1) Without prejudice to Article 16(1) of the Insolvency Regulation, a liquidator who intends

(a) to request under Article 21 of the Regulation that notice of the judgment opening the insolvency proceedings concerned and, where appropriate, the decision appointing him or her be published in the State, or

(b) to take any other action in the State under the Regulation,

shall deliver to the Official Assignee, for registration in a register to be kept for that purpose, a duly certified copy of the judgment and, where appropriate, of the decision appointing the liquidator.

F108[(1A) The register referred to in subsection (1) may be kept in electronic format.]

(2) Registration under subsection (1) may also be effected by the Official Assignee on application by a liquidator who does not intend to take any action in the State under the Insolvency Regulation.

(3)The certified copy or copies mentioned in subsection (1) shall be accompanied by -

(a) if the judgment or decision is not expressed in Irish or English, a translation, certified to be correct by a person competent to do so, into either of those languages,

(b) the prescribed form, and

F109[(c) any fee prescribed for that purpose by the Insolvency Service of Ireland.]

(4) The Official Assignee shall issue to the liquidator a certified copy of the entry in the register.

F109[(5) The register shall be open to public inspection on payment of such fee (if any) as may be prescribed for that purpose by the Insolvency Service of Ireland.]

(6) A copy of an entry in the register shall be supplied, on request, by the Official Assignee.

(7) In any proceedings a document purporting to be

(a) a duly certified copy of a judgment opening insolvency proceedings or a decision appointing a liquidator in such proceedings, or

(b) a translation of such a document which is certified as correct by a person competent to do so,

shall, without further proof, be admissible as evidence of the judgment, the liquidator's appointment or the translation, unless the contrary is shown.]

Annotations

Amendments:

F107

Inserted (2.07.2002) by European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002), reg. 3(c).

F108

Inserted (24.12.20103) by Companies (Miscellaneous Provisions) Act 2013 (46/2013), s. 10(d)(i), commenced as per s. 11(4).

F109

Substituted (24.12.2013) by Companies (Miscellaneous Provisions) Act 2013 (46/2013), s. 10(d)(ii), (iii), commenced as per s. 11(4).