Companies Act 2014

531.

Notification of appointment of examiner

531. (1) Where a petition has been presented, notice of the petition in the prescribed form shall, within 3 days after the date of its presentation, be delivered by the petitioner to the Registrar.

(2) An examiner shall, within the respective periods specified in subsection (3), cause to be published in Iris Oifigiúil and in at least 2 daily newspapers circulating in the district in which the registered office or principal place of business of the company is situated a notice of his or her appointment and the date of that appointment.

(3) The periods referred to in subsection (2) are—

(a) 21 days after the date of the examiner’s appointment — in the case of Iris Oifigiúil, and

(b) 3 days after the date of the examiner’s appointment — in the other case referred to in that subsection.

(4) An examiner shall, within 3 days after the date of his or her appointment, deliver to the Registrar a copy of the order appointing him or her.

(5) Where a company is (by virtue of section 520 ) under, for the purposes of this Part, the protection of the court, every invoice, order for goods or business letter issued by or on behalf of the company, being a document on or in which the name of the company appears, shall, immediately after the mention of that name, include the words “ in examination under Part 10 of the Companies Act 2014”.

(6) A website of a company that is (by virtue of section 520 ) under, for the purposes of this Part, the protection of the court, and any electronic mail sent to a third party by, or on behalf of, such a company, shall contain a statement that the company is in examination under this Part (and such a statement on a website shall be in a prominent and easily accessible place on it).

(7) In subsection (6)“third party” means a person other than—

(a) an officer or employee of the company concerned, or

(b) a holding company or subsidiary of the company or an officer or employee of that holding company or subsidiary.

(8) A person who fails to comply with subsection (1), (2), (4) or (5) shall be guilty of a category 4 offence.

(9) If default is made in complying with the requirement under subsection (6) concerning the company’s website, the company concerned and any officer of it who is in default shall be guilty of a category 4 offence.

(10) If default is made by a company, or any person acting on its behalf, in complying with the requirement under subsection (6) concerning electronic mail, then—

(a) in every case, the company and any officer of it who is in default, and

(b) where the default is made by a person acting on the company’s behalf, that person,

shall be guilty of a category 4 offence.