Companies Act 2014

553

Revocation

553. (1) The company or any interested party may, within 180 days after the date of confirmation by the court, under section 541, of the proposals in relation to the company, apply to the court for revocation of that confirmation on the grounds that it was procured by fraud.

(2) On such an application, the court, if satisfied that that confirmation was procured by fraud, may revoke the confirmation on such terms and conditions, particularly with regard to the protection of the rights of parties acquiring interests or property in good faith and for value in reliance on that confirmation, as it deems fit.

(3) As soon as practicable after the revocation under this section of such a confirmation, a certified copy of the order made by the court shall be delivered to—

(a) the Registrar;

(b) if the company to which the order relates is a company referred to in section 510(2), (3) or (4) — the Central Bank;

(c) irrespective of whether it constitutes any of the foregoing kinds of company — the F311[Authority],

by such person as the court may direct.

Annotations

Amendments:

F311

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. no. 49, S.I. No. 335 of 2022.

Modifications (not altering text):

C147

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

(i) in section 553(3), the following paragraph is inserted after paragraph (b):

“(ba) if the company to which the order relates is a company referred to in section 510(6) - the Regulator;”