Companies Act 2014

508.

Interpretation (Part 10)

508. (1) In this Part—

“court” shall be read in accordance with section 509(7);

“director” includes a shadow director;

“examiner” means an examiner appointed under section 509;

“independent expert” shall be read in accordance with section 511(2);

“insurer” has the same meaning as it has in the Insurance Act 1989;

“interested party”, in relation to a company to which section 509 relates, means—

(a) a creditor of the company, or

(b) a member of the company;

“petition” means a petition referred to in section 509(1) (and, for the purposes of the Circuit Court’s jurisdiction under this Part, “petition” includes any originating process specified by rules of court for those purposes) and references to the presentation of a petition are references to its presentation under section 509(1).

(2) This Part is subject to the Insolvency Regulation.

(3) The provisions of Chapter 15 of Part 11 apply to proceedings under this Part with the substitution of references to “examiner” for references to “liquidator” and any other necessary modifications.

Annotations

Modifications (not altering text):

C134

Application of Part modified (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 56(1), (2)(a), S.I. No. 728 of 2021.

Examinership: modification of Part 10 of Act of 2014 for purposes of application to AHBs

56. (1) For the purposes of the application of Part 10 of the Act of 2014 to a company that is an AHB, that Part shall apply to such a company subject to the modifications specified in subsection (2) and any other modifications necessary for those purposes.

(2) The modifications referred to in subsection (1) are that—

(a) in section 508(1), the following definitions are inserted:

"approved housing body", "dwelling2 and "Regulator" have the meanings given to them, respectively, by section 2 of the Housing (Regulation of Approved Housing Bodies) Act 2019;

...