Companies Act 2014

F311[Process adviser to give notice of appointment

558J

558J. (1) This section applies where a process adviser is appointed in respect of an eligible company by virtue of the passing of a resolution referred to in section 558E(2).

(2) The process adviser shall, as soon as practicable and in any event no later than 2 working days after the passing of the resolution—

(a) deliver to the Registrar a notice of his or her appointment in the prescribed form, and

(b) file with the office of the relevant court a copy of—

(i) the resolution,

(ii) the process adviser’s determination made under section 558C and his or her report prepared under section 558D, and

(iii) where a process adviser has determined under section 558H(2) that proceedings under this Part in relation to an eligible company should be brought in the High Court, the reasons for the determination,

and

(c) make arrangements for a notice of his or her appointment and the date of that appointment to be published in Iris Oifigiúil.

(3) The directors of the eligible company shall ensure that, within 48 hours after the passing of the resolution, a notice in the prescribed form stating that the process adviser has been appointed and the date of the appointment is placed on any website of the company in a prominent and easily accessible place.

(4) The directors of the eligible company shall ensure that the notice referred to in subsection (3) remains on the website during the rescue period.

(5) The process adviser shall keep records and supporting evidence of the means by which he or she has complied with the requirement imposed by subsection (2)(c).

(6) A person who fails to comply with a requirement imposed by this section shall be guilty of a category 3 offence.]

Annotations:

Amendments:

F311

Inserted (7.12.2021) by Companies (Rescue Process for Small and Micro Companies) Act 2021 (30/2021), s. 3, S.I. No. 673 of 2021.

Editorial Notes:

E87

Power pursuant to subs. (2)(a), (3) exercised (8.12.2021) by Companies Act 2014 (Prescribed Form and Notice) Regulations 2021 (S.I. No. 675 of 2021, in effect as per reg. 1(2).