Companies Act 2014

516

Availability of independent expert’s report

516. (1) The independent expert shall supply a copy of the report prepared by him or her under section 511 to the company concerned or any interested party on written application being made to the independent expert in that behalf.

(2) If the court, on application to it in that behalf, directs that that supply may be the subject of such omission, there may be omitted from any copy of the report supplied to the company or an interested party such parts of it as are specified in the direction of the court.

(3) The court may, in particular, on such an application, direct that there may be omitted from such a supply of a copy of the report any information the inclusion of which in such a copy would be likely to prejudice the survival of the company or the whole or any part of its undertaking as a going concern.

(4) If—

(a) the company concerned is a company referred to in section 509(4), and

(b) the Central Bank does not propose to present, or has not presented, (whether alone or acting together with other persons) a petition in relation to the company,

the independent expert shall, as soon as may be after it is prepared, supply a copy of the report prepared by him or her under section 511 to the Central Bank and subsections (2) and (3) shall not apply to such a copy.

Annotations

Modifications (not altering text):

C142

Application of Part modified (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 56(1), (2)(c), 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) ...

(c) in section 516, the following subsection is inserted after subsection (4):

(5) If—

(a) the company concerned, being an approved housing body, is a company referred to in section 509, and

(b) the Regulator does not propose to present, or has not presented, (whether alone or acting together with other persons) a petition in relation to the company,

the independent expert shall, as soon as may be after it is prepared, supply a copy of the report prepared by him or her under section 511 to the Regulator and subsections (2) and (3) shall not apply to such a copy.

...