Ireland · Winding up, strike off and restoration
Contributories, the committee of inspection and the powers of the court in a winding up
the Companies Act 2014 · sections 656, 658, 664, 666 to 669, 672 to 674 and 676
Where the problem is
The list of contributories decides who can be asked to contribute, and it is settled early. In the event of a company being wound up, the liquidator must, as soon as is reasonably practicable, settle a list of contributories, subject to section 656(3) (section 656(1)). Members and former members who assume that limited liability ends the matter often discover that unpaid amounts on shares are still due.
Orders made in a winding up carry immediate notice duties. Where the court makes an order under section 669(1), the applicant must forthwith give notice of the making of the order in the prescribed form, without prejudice to section 669(6) (section 669(2)). Forthwith is not a period that can be diarised, so the notice has to be prepared before the order is sought.
What the Companies Act 2014 requires
Sections 656, 658 and 664 govern the list of contributories, the liability of present and past members and the calls that may be made. Sections 666 to 669 govern applications to the court in the course of a winding up and the orders that may be made, together with the notice that follows each order.
Sections 672 to 674 and 676 govern the committee of inspection, its composition, its proceedings and its functions. The committee is the body with which the liquidator agrees remuneration under section 646(2), so its constitution has consequences well beyond supervision.
The tool that solves it
Files 105 and 106 of the IE-COMPANY package cover this situation. File 105 works through the list of contributories, how it was settled, what calls have been made and how the committee of inspection was formed and how it operates. File 106 works through every application made to the court in the winding up, the order obtained and the notice given following it.
This situation is covered by these files from the pack IE-COMPANY
- File 105 · Contributories and the committee of inspection
- File 106 · The court's powers in a winding up
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
- 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
- Public offers of securities and the minimum subscription
- Investment companies, umbrella funds and migration
- Foreign insolvency judgments, partnership size limits and signing by credit institutions
- Reports on payments to governments