Companies Act 2014

822

Court may grant restricted person relief from restrictions

822. (1) On the application of a restricted person, the court may, if it deems it just and equitable to do so, grant that person relief, either in whole or in part, from—

(a) any restriction under a declaration made under section 819(1), or

(b) an order made under section 821(2)(b).

(2) Such relief may, if the court considers it appropriate, be granted on such terms and conditions as it sees fit.

(3) A person who intends applying for relief under subsection (1) shall give not less than 14 days’ notice in writing of his or her intention to apply to—

(a) the F487[Authority], and

(b) the liquidator of the company the insolvency of which gave rise to the application for the declaration made in respect of him or her under section 819(1).

(4) On receipt of a notice under subsection (3), the liquidator shall as soon as practicable notify such creditors and contributories of the company as have been notified to the liquidator or become known to the liquidator.

(5) On the hearing of an application under this section, the F487[Authority], the liquidator, or any creditor or contributory of the company may appear and give evidence.

(6) A liquidator who fails to comply with subsection (4) shall be guilty of a category 3 offence.

Annotations

Amendments:

F487

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 213, 214, S.I. No. 335 of 2022.