Credit Union Act 1997

PART XII

Appointment of Examiner

Power of the Court to appoint examiner.

142

142. (1) Where, on application by petition under this section, it appears to the Court that—

( a) a credit union is or is likely to be unable to pay its debts, and

( b) no resolution subsists for the winding up of the credit union, and

( c) no order has been made for the winding up of the credit union,

it may, subject to subsection (2), appoint an examiner to the credit union for the purpose of examining the state of the credit union's affairs and performing such duties in relation to the credit union as may be imposed by or under this Part; and in the following provisions of this Part, “ examiner” means an examiner appointed under this section.

(2) The Court shall not make an order under this section unless it is satisfied that there is a reasonable prospect of the survival of the credit union as a going concern.

(3) A petition under this section may be presented by the F287 [ Bank ] or, with the consent of the F287 [ Bank ], by all or any of the following, together or separately—

( a) the credit union;

( b) the directors of the credit union;

( c) a qualifying group of members of the credit union; and

( d) a creditor, or contingent or prospective creditor (including an employee), of the credit union;

and, at the hearing of a petition under this section, every such creditor as is mentioned in paragraph (d) shall have a right to be heard (whether or not he is a party to the presentation of the petition).

(4) For the purpose of paragraph (c) of subsection (3), a group of members of a credit union is a qualifying group if—

( a) each of them has been a member throughout the period of 12 months ending on the date of the application for the consent of the F287 [ Bank ] under that subsection; and

( b) they together number at least 30 or, if it is less, at least ten per cent. of the membership of the credit union on that date.

(5) For the purposes of this section, a credit union is unable to pay its debts if—

( a) it is unable to pay its debts as they fall due; or

( b) the value of its assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities.

(6) In deciding whether to make an order under this section, the Court may also have regard to whether the credit union has sought from its creditors significant extensions of time for the payment of its debts, from which it could reasonably be inferred that the credit union was likely to be unable to pay its debts.

Annotations:

Amendments:

F287

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 103, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26.