Companies Act 2014

436

Notice to Registrar of appointment of receiver, and of receiver ceasing to act

436. (1) If any person obtains an order for the appointment of a receiver of the property of a company or appoints such a receiver under any powers contained in any instrument, he or she—

(a) shall cause to be published in Iris Oifigiúil, and

(b) shall deliver to the Registrar,

within 7 days after the date of the order or of the appointment, a notice in the prescribed form.

(2) When any person appointed receiver of the property of a company ceases to act as such receiver, he or she shall, on so ceasing, deliver to the Registrar a notice in the prescribed form.

(3) If a person makes default in complying with subsection (1) or (2), he or she shall be guilty of a category 4 offence.

Annotations

Amendments:

F318

Substituted by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 25(a), (c), not commenced as of date of revision.

F319

Inserted by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 25(b), not commenced as of date of revision.

Modifications (not altering text):

C144

Prospective affecting provision: subss. (1) and (2) amended and subs. (1A) inserted by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 25, not commenced as of date of revision.

436. (1) If any person obtains an order for the appointment of a receiver of the property of a company or appoints such a receiver under any powers contained in any instrument, he or she—

(a) shall cause to be published in Iris Oifigiúil, and

(b) shall deliver to the Registrar,

within 7 days after the date of the order or of the appointment, a notice in the F318[prescribed form specifying the information referred to in subsection (1A)].

F319[(1A) The notice referred to in subsection (1) shall specify the following information:

(a) the property of the company in respect of which the receiver is appointed;

(b) the date of appointment of the receiver;

(c) the nature of the appointment of the receiver in respect of the property concerned;

(d) whether the company will continue to trade following the appointment of the receiver;

(e) such further or other information as may be prescribed.]

(2) When any person appointed receiver of the property of a company ceases to act as such receiver, he or she shall, F318[within 7 days after the date on which he or she so ceases], deliver to the Registrar a notice in the prescribed form.

Editorial Notes:

E97

Power pursuant to subs. (1) exercised (16.12.2020) by Companies Act 2014 (Forms) Regulations 2020 (S.I. No. 627 of 2020), in effect as per reg. 1(2).