Ireland · Winding up, strike off and restoration
Qualification, appointment, powers, remuneration and removal of the liquidator
the Companies Act 2014 · sections 624, 625, 629 to 636, 639 to 641, 643, 644, 646, 647, 649, 650 and 653
Where the problem is
The liquidator's powers carry notice duties that run in days. Where a liquidator exercises any power specified in paragraph 1 or 2 of the Table to section 627, that liquidator must act within 14 days after the date the power was exercised, in the manner section 629(1) requires, subject to section 629(2). Before selling a non-cash asset of the requisite value by private contract, the liquidator must give at least 14 days' notice of that intention to all creditors known or intimated (section 629(4)).
Connected party sales are restricted by a 3-year look-back. Subject to section 629(9), a liquidator may not sell, by private contract, a non-cash asset of the requisite value to a person who is, or who within the 3 years before the date of appointment was, a person of the kind section 629(3) describes. Resignation is equally fast: a liquidator who resigns must give written notice within 2 days after the date of resigning to the Registrar and the Authority, and within the further period section 641(2) sets to the other persons it names.
What the Companies Act 2014 requires
Sections 624, 625 and 629 to 631 govern the liquidator's duty to administer the property of the company, the powers available and the restrictions on their exercise. Sections 632 to 636 govern qualification and disqualification for appointment, and the Authority may request the information section 633(3A) describes from a person standing to be qualified or already qualified. A person who vacates office by reason of the circumstances the sections describe must give written notice as sections 634(6) and 635(5) require.
Sections 639 to 644 govern appointment, removal, resignation and the notifications that follow each. Sections 646 to 653 govern remuneration, the disclosure of interest and the production of records. The terms on which the liquidator is entitled to remuneration are, where there is a committee of inspection, such terms as have been agreed in writing between them, and otherwise as section 646(2) provides.
The tool that solves it
Files 101, 102, 103 and 104 of the IE-COMPANY package cover this situation. File 101 works through the duty to administer the property, the powers exercised and the restrictions on them. File 102 works through qualification and disqualification. File 103 works through appointment, removal, resignation and the notifications with their dates. File 104 works through remuneration, the disclosure of interest and the production of records.
This situation is covered by these files from the pack IE-COMPANY
- File 101 · The liquidator's duty to administer the property, powers and restrictions
- File 102 · Qualification and disqualification for appointment as liquidator
- File 103 · Appointment, removal, resignation and notification of liquidators
- File 104 · Liquidators' remuneration, disclosure of interest and production of records
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
- 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
- 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