Companies Act 2014

641

Resignation of liquidator

641. (1) In any winding up, a liquidator may resign from office.

(2) Where a liquidator resigns, he or she shall give notice in writing of that fact, within 2 days after the date of resigning, to the Registrar and the F411[Authority] and, within 14 days after the date of resigning—

(a) in the case of a winding up by the court, to the court and—

(i) if a committee of inspection has been appointed — to the members of that committee, or

(ii) if no committee of inspection has been appointed — to the creditors of the company,

(b) in the case of a creditors’ voluntary winding up—

(i) if a committee of inspection has been appointed — to the members of that committee, or

(ii) if no committee of inspection has been appointed — to the creditors of the company,

or

(c) in the case of a members’ voluntary winding up — to the members of the company.

(3) If a liquidator fails, without reasonable excuse, to comply with subsection (2) he or she shall be guilty of a category 3 offence.

Annotations

Amendments:

F411

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. no. 65, S.I. No. 335 of 2022.