Ireland · Winding up, strike off and restoration
A creditors' voluntary winding up, the creditors' meeting and the conclusion of the liquidation
the Companies Act 2014 · sections 586, 587 and 706 to 708
Where the problem is
The creditors' meeting is advertised as well as notified, and both steps run on ten days. The company must send each creditor written notice of the meeting at least 10 days before the date of the creditors' meeting (section 587(2)), and must cause notice of the meeting to be advertised at least 10 days before the date of the meeting, at least once in each of two daily newspapers circulating in the district section 587(6) identifies. Where the company has passed the resolution, it must give notice of that fact within 14 days after the date on which it was passed (section 586(4)).
Completion carries a longer notice period and a short filing period. Each final meeting must be called by giving at least 28 days' written notice to the members or creditors as the case may be (section 706(3)). Within 7 days after the date of the meetings, or after the later meeting where they are not held on the same date, the liquidator must send the Registrar the documents section 706(4) requires. A person on whose application an order under section 706(8) is made has 14 days after the making of the order to deliver a certified copy to the Registrar (section 706(9)).
What the Companies Act 2014 requires
Sections 586 and 587 govern the resolution for a creditors' voluntary winding up, the meeting of creditors, the notice and advertisement of that meeting and the statement of affairs laid before it. The creditors' meeting is where the creditors may nominate a liquidator, so a meeting convened on short notice risks the appointment as well as the process.
Sections 706 to 708 govern completion of the liquidation, the disposal of the company's books and papers and the voiding of a dissolution. The disposal rules matter because the records may still be needed for a restriction or disqualification application after the company has gone.
The tool that solves it
Files 96 and 111 of the IE-COMPANY package cover this situation. File 96 works through the resolution, the creditors' meeting, the notice and the advertisement, with the dates of each. File 111 works through completion: the final meetings, the 28-day notice, the 7-day filings, the disposal of books and papers and any order voiding a dissolution.
This situation is covered by these files from the pack IE-COMPANY
- File 96 · Creditors' voluntary winding up and the meeting of creditors
- File 111 · Completion of a creditors' voluntary winding up, disposal of books and voiding a dissolution
Files for this situation
Free · this situation only
The working files named above cover this situation. You take them from your free ComplianceSME account when this situation arises, and you come back to the site for the next situation.
You take the starter pack first: PRINT_ME_FIRST.pdf, the training file T_TRAIN, the four volumes of the reference file T_HELP, and File 1, which builds the ENTITY_PASSPORT.md that the other files require. The situations open in your account once you have taken the starter pack.
Take the files for this situationThe free system
Free · with a free account
The ComplianceSME system for the Companies Act 2014 is free. It needs a free ComplianceSME account. It is engineered for Claude and runs in a dedicated Claude account. It holds 215 working files. You take the starter pack first, and after that the files for one situation at a time, as each situation arises.
The starter pack holds PRINT_ME_FIRST.pdf, the training file T_TRAIN, the four volumes of the reference file T_HELP, and File 1, which builds the ENTITY_PASSPORT.md that every other working file requires. Print PRINT_ME_FIRST.pdf and read it before any other file.
The system is engineered for Claude and runs in a dedicated Claude account. Upload the files, type START, and the system asks you one question at a time until it has built your documentation, citing the section at every point.
Take the starter packComplianceSME tracks the Companies Act 2014 and issues update files through the membership, so that you are never working from a superseded version. Membership
- Realising the assets, the statement of affairs and antecedent transactions
- Paying the creditors: preferential payments and unclaimed dividends
- The liquidator: qualification, appointment, powers and remuneration
- Contributories, the committee of inspection and the court's powers
- Running the winding up: annual meetings, progress reports and offences
- Voluntary strike off and restoration to the register
- Investigations, production of books and compliance orders
- Restriction and disqualification of directors
- The designated activity company
- The company limited by guarantee
- Unlimited companies: private, public and public unlimited without share capital
- Re-registering as another type of company
- Forming a public limited company and the trading certificate
- PLC share issues, payment and non-cash consideration
- Disclosing an interest in a PLC's shares
- A PLC acquiring its own shares and making a distribution
- The PLC board, serious loss of capital and other PLC requirements
- A merger involving a public limited company
- A division involving a public limited company
- The traded PLC: general meetings and shareholder rights
- Shareholder identification, intermediaries, institutional investors and proxy advisors
- Remuneration policy, related party transactions and the corporate governance statement
- External companies: registering an Irish branch
- Registering an existing body or joint stock company as a company