Companies Act 2014

682.

Liquidator to report on conduct of directors

682. (1) In this section “insolvent company” has the same meaning as it has in Chapter 3 (restrictions on directors of insolvent companies) of Part 14.

(2) In a winding up of an insolvent company, the liquidator shall, within 6 months after the date of his or her appointment, and at intervals as required by the F417[Authority thereafter, provide to the Authority] a report F418[in the form prescribed by the Minister].

(3) F417[The Authority may] require the liquidator of an insolvent company—

(a) to answer, whether orally or in writing, any question that the F417[Authority] reasonably puts to the liquidator concerning the contents of a report made by the liquidator under subsection (2), the affairs of the company or the conduct of any director of the company (as that expression is to be read in accordance with section 683(1) (b)), and

(b) to give such other assistance (as he or she is reasonably able to give) to the F417[Authority for the purpose of the Authority’s appraisal of such a report or the Authority’s examination of any fact or allegation contained in it or which comes to the Authority’s knowledge by reason of an answer given under paragraph (a) or otherwise through the Authority’s] performance of functions under this Act,

and the liquidator shall comply with such a requirement.

(4) The F417[Authority’s powers under subsection (3) are in addition to the powers of the Authority] or any other person under any other provision of this Act.

(5) A liquidator who fails to comply with subsection (2) or a requirement under subsection (3) shall be guilty of a category 3 offence.

Annotations

Amendments:

F417

Substituted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 12(1) and sch. 2 ref. nos. 89-93, S.I. No. 335 of 2022.

F418

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 98(h), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

Editorial Notes:

E102

Power pursuant to subs. (2) exercised (9.11.2015) by Companies Act 2014 (Section 682) (Revocation) Regulations 2015 (S.I. No. 497 of 2015).

E103

Previous affecting provision: power pursuant to subs. (2) exercised (1.06.2015) by Companies Act 2014 (Section 682) Regulations 2015 (S.I. No. 221 of 2015), in effect as per reg. 1; revoked (9.11.2015) by Companies Act 2014 (Section 682) (Revocation of Statutory Instrument) Regulation 2015 (S.I. No. 497 of 2015), in effect as per reg. 2.