Companies Act 2014
Examination as to solvency status
133. (1) Where the F42[Authority has reason to believe that a director or secretary of a company is an undischarged bankrupt, the Authority] may exercise the following power.
(2) That power is to require the director or secretary of the company to produce to the F42[Authority], by a specified date, a sworn statement by him or her of all relevant facts pertaining to the director's or secretary’s financial position, both within the State and elsewhere, and, in particular, to any matter relating to bankruptcy as at a particular date.
(3) The court may, on the application of the F42[Authority], require a director or secretary of a company who has made a statement under subsection (2) to appear before it and answer on oath any question pertaining to the content of the statement.
(4) The court may, on the application of the F42[Authority], make a disqualification order against a director or secretary of a company, to be for such period as the court specifies, on the grounds that he or she is an undischarged bankrupt.
(5) A director or secretary of a company who fails to comply with a requirement under subsection (2) shall be guilty of a category 3 offence.
Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 1-4, S.I. No. 335 of 2022.