Companies Act 2014
Report by examiner
534. (1) An examiner shall—
(a) as soon as practicable after he or she is appointed, formulate proposals for a compromise or scheme of arrangement in relation to the company concerned,
(b) without prejudice to any other provision of this Act, perform such other functions as the court may direct the examiner to perform.
(2) Notwithstanding any provision of Part 4 relating to notice of general meetings (but subject to notice of not less than 3 days in any case) the examiner shall—
(a) convene and preside at such meetings of members and creditors as he or she thinks proper for the purpose of F348[section 540,]
F349[(aa) ensure that every member or creditor, or class of members or creditors, whose interests or claims will be impaired by the proposals is invited to attend a meeting convened in accordance with paragraph (a), and]
(b) in accordance with section 536, report on those proposals to the court, within 35 days after the date of his or her appointment or such longer period as the court may allow.
(3) F350[Where], on the application of the examiner, the court is satisfied that the examiner would be unable to report under subsection (2) to the court within the period of 70 days referred to in section 520(2) but that he or she would be able to report under that subsection to the court if that period were extended, the court may by order extend that period by not more than 30 days to enable him or her to do so.
F351[(3A) F352[…]]
(4) Where the examiner has submitted a report under this section to the court and, but for this subsection, the period mentioned in section 520(2) (and any extended period allowed under subsection (3)) F353[…] would expire, the court may, of its own motion or on the application of the examiner, extend the period concerned by such period as the court considers necessary to enable it to take a decision under F354[section 541, but the total duration of the period referred to in section 520(2), any extended period allowed under subsection (3), F353[…] and any further extended period allowed under this subsection, shall not exceed 12 months.].
(5) The examiner shall supply a copy of his or her report under this section—
(a) to the company concerned on the same day as he or she causes the report to be delivered to the office of the court, and
(b) to any interested party on written application being made to him or her in that behalf.
(6) The examiner shall, as soon as may be after it is prepared, supply a copy of his or her report under this section to—
(a) if the company concerned is a company referred to in section 510(2), (3) or (4) — the Central Bank, and
(b) irrespective of whether it constitutes any of the foregoing kinds of company — the F355[Authority].
(7) 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 under subsection (5)(b) to an interested party such parts of it as are specified in the direction of the court.
(8) 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.
Annotations
Amendments:
F348
Substituted (27.07.2022) by European Union (Preventive Restructuring) Regulations 2022 (S.I. No. 380 of 2022) reg. 14(a)(i), (b), subject to restriction on application in reg. 3.
F349
Inserted (27.07.2022) by European Union (Preventive Restructuring) Regulations 2022 (S.I. No. 380 of 2022) reg. 14(a)(ii), subject to restriction on application in reg. 3.
F350
Substituted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 3(2) and sch. 2, S.I. No. 639 of 2024.
F351
Inserted (21.08.2020) by Companies (Miscellaneous Provisions (Covid-19) Act 2020 (9/2020), s. 13(b), (c), S.I. No. 320 of 2020. Note extension of interim period by statutory instrument made under s. 12A was NOT renewed in relation to this section by Companies Act 2014 (Section 12A(1)) (Covid-19) (No. 2) Order 2022 (S.I. No. 648 of 2022) from 31.12.2022.
F352
Repealed (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 3(1) and sch. 1, S.I. No. 639 of 2024.
F353
Deleted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 3(2) and sch. 2, S.I. No. 639 of 2024.
F354
Inserted (27.07.2024) by European Union (Preventive Restructuring) Regulations 2022 (S.I. No. 380 of 2022), reg. 14.
F355
Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. no. 48, S.I. No. 335 of 2022.
Modifications (not altering text):
C156
Application of Part modified (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 56(1), (2)(e), 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) ...
(e) in section 534(6) —
(i) in paragraph (a), “and” is deleted, and
(ii) the following paragraph is inserted after paragraph (a):
“(aa) if the company concerned is a company referred to in section 510(6) - the Regulator, and”,
...
Editorial Notes:
E105
Previous affecting provision: subs. (4) amended (21.08.2020) by Companies (Miscellaneous Provisions (Covid-19) Act 2020 (9/2020), s. 13(b), (c), S.I. No. 320 of 2020. Note extension of interim period by statutory instrument made under s. 12A was NOT renewed in relation to this section by Companies Act 2014 (Section 12A(1)) (Covid-19) (No. 2) Order 2022 (S.I. No. 648 of 2022) from 31.12.2022; repealed (3.12.2024) as per F-note above.
E106
Previous affecting provision: subs. (3) amended (21.08.2020) by Companies (Miscellaneous Provisions (Covid-19) Act 2020 (9/2020), s. 13(a), S.I. No. 320 of 2020. Note extension of interim period by statutory instrument made under s. 12A was NOT renewed in relation to this section by Companies Act 2014 (Section 12A(1)) (Covid-19) (No. 2) Order 2022 (S.I. No. 648 of 2022) from 31.12.2022; substituted (3.12.2024) as per F-note above.