S.I. No. 96/1964 - Rules of the Superior Courts (No. 2), 1964

S.I. No. 96 of 1964.

RULES OF THE SUPERIOR COURTS (No. 2), 1964

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48 and the Courts (Supplemental Provisions) Act, 1961 , section 14, and the Companies Act, 1963 , section 312), and of all other powers enabling us in this behalf do hereby make the annexed Rules of Court.

Dated this 17th day of April, 1964

Cearbhall Ó Dálaigh John O'Leary

Cahir Davitt    Thomas A. O'Reilly

Cecil Lavery    Ralph J. Walker

Brian Walsh

John Kenny

I concur in the making of the annexed Rules of Court.

Dated this 20th day of April, 1964

Charles J. Haughey

MINISTER FOR JUSTICE.

ORDER 75

PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACT, 1963 OTHER THAN THOSE RELATING TO WINDING UP

I. PRELIMINARY

1. In this Order unless the context or subject matter otherwise requires—

" the Act " means the Companies Act, 1963 ;

" the company " means the company to which any application under this Order relates;

" the Court " means the Judge or Judges to whom applications under the Act are for the time being assigned by the President of the High Court and any other Judge for the time being acting in any such applications;

" creditor " includes a company or corporation, or a firm or partnership;

" the inquiry " means the inquiry made as to the debts, claims or liabilities of or affecting the company or as to any such debts, claims or liabilities ordered by the Court under this Order.

Words and expressions (other than " the Court ") contained in this Order shall have the same meaning as in the Act .

2. (1) Order 75 and Appendix N as contained in the Rules of the Superior Courts shall continue to apply to proceedings under the Companies Acts 1908 to 1959 which were commenced before the operative date and for this purpose the said Order 75 and Appendix N shall remain in force.

(2) Subject to rule 2 (1), Order 75 and Appendix N as contained in the Rules of the Superior Courts are hereby revoked.

3. In this Order, a reference to a section or subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended.

4. The Rules of the Superior Courts for the time being in force and the general practice of the High Court, including the course of proceedings and practice before Examiners, shall apply as regards all proceedings in relation to applications to which this Order relates so far as may be practicable, except if and so far as the Act or this Order otherwise provides.

5. Notwithstanding Order 5 rr. 4 and 5 of the Rules of the Superior Courts, all applications and proceedings under the Act or this Order shall be assigned to such Judge or Judges as the President of the High Court shall from time to time assign to hear such applications but if such Judge or Judges shall be unable to dispose of such applications, any other Judge of the High Court may dispose of any such application.

II. TITLE OF PROCEEDINGS

6.(1) Every petition, special summons and motion and all notices, affidavits and other proceedings under any petition, special summons or motion shall be entitled " the High Court " and in the matter of the company and in the matter of the Companies Act, 1963 , and where the company is in liquidation, there shall be added after the name of the company the words " in liquidation ".

(2) An application for leave under subsection (1) or subsection (2) of section 184 shall be entitled in the matter of the company in relation to which the applicant was convicted or was guilty of such an offence or such conduct as is mentioned in either of the said subsections and in the matter of the Companies Act, 1963 .

(3) Every petition shall be in the Form No. 1 in Appendix N.

III. APPLICATIONS

Applications by petition

7. The following applications shall be made by petition—

(a) applications to cancel an alteration of objects under section 10;

(b) applications to cancel an alteration in the form of the constitution of the company by substituting a memorandum and articles for a deed of settlement under section 341;

(c) applications to cancel an alteration in the provisions in the memorandum under section 28;

(d) applications to cancel a special resolution under subsection (8) of section 60;

(e) applications to confirm the reduction of any share premium account or any capital redemption reserve fund under section 62 (1) or section 64 (1) or section 65 (3);

(f) applications to sanction the issue of shares at a discount under section 63;

(g) applications to sanction the redemption of preference shares by a private company under section 65;

(h) applications to confirm a reduction of capital under section 72;

(i) applications to cancel any variation of the rights of holders of special classes of shares under section 78;

(j) applications to declare that the creation or issue of shares was valid under section 89;

(k) applications to sanction a compromise or arrangement under section 201 (3);

(l) applications for relief under section 205;

(m) applications to declare a dissolution of a company to have been void under section 310;

(n) applications to restore a company's name to the register under section 311 (8);

(o) applications for relief by officers of a company or by persons employed as auditors by the company under section 391 (2);

(p) appeals against refusal to register a name of a company under section 21.

Applications by summons

8. The following applications shall be made by special summons—

(a) applications to restrain a company from doing any act or thing which the company has no power to do under section 8 (2);

(b) applications to extend the time for delivering documents to the registrar under section 10 (9);

(c) applications for relief in case of default in complying with conditions constituting a company a private company under section 34 (2);

(d) applications for relief in case of default in delivering documents for registration to the registrar of companies under section 58 (4);

(e) applications in regard to the delivery of certificates of shares, debentures and debenture stock under section 86 (3);

(f) applications to inspect the register of holders of debentures or to obtain copies thereof or of any trust deed for securing debentures under section 92 (5);

(g) applications for and in regard to meetings of debenture holders under section 93 (4);

(h) applications to extend the time for the issue of shares at a discount under section 63 (1) (d);

(i) applications to extend the time for the registration of charges or to rectify any omission or misstatement relating to any charge or in a memorandum of satisfaction under section 106;

(j) applications to inspect copies of instruments creating a charge under section 110 (3);

(k) applications to inspect the register of members or the index of names of members of a company or to obtain copies of such register under section 119 (4);

(l) applications to rectify the register of members of a company under section 122;

(m) applications for and in regard to meetings of a company under section 135;

(n) applications to inspect the minutes of proceedings at general meetings of a company or to obtain copies thereof under section 146 (4);

(o) applications for an order that copies of the latest balance sheet of a subsidiary of a company be sent to the member under section 150 (3);

(p) applications by a member of a private company in relation to the balance sheets of a subsidiary of such private company under section 154 (6);

(q) applications that a private company should not be bound to send copies of balance sheets of a subsidiary to a member of such private company under section 154 (4);

(r) applications that an auditor's or a director's representations should not be sent out or read at a meeting under section 161 (4) or section 182 (4);

(s) applications for a declaration that the affairs of a company ought to be investigated by an inspector appointed by the Minister for Industry and Commerce, under section 166;

(t) applications by an inspector appointed to investigate the affairs of a company under section 168 (3) or under section 168 (4);

(u) applications for leave to be a director or to manage a company under section 183 (1) or section 184 (1) or (2);

(v) applications to inspect the register of directors' holdings of shares and debentures or to obtain copies of any such register under section 190 (10) or the register of directors and secretaries under section 195 (11);

(w) applications for the inspection or production of the book containing copies of declarations made by directors under section 194 (5) (b);

(x) applications for meetings of creditors or members of a company under section 201 (1);

(y) applications for facilitating reconstructions or amalgamations of companies under section 203 where the matters to which such applications relate have not been dealt with or fully dealt with or on the hearing of a petition to sanction the compromise or arrangement to which they relate;

(z) applications for the purpose of preventing or settling the terms of the acquisition of shares under section 204;

(aa) applications for directions by a receiver or manager under section 316 (1);

(bb) applications by a receiver for relief under section 316 (3);

(cc) applications to fix the amount of remuneration to be paid to receivers under section 318 (1);

(dd) applications to extend the time for furnishing to the receiver the statement as to the affairs of the company under section 319;

(ee) appeals under section 320 (3);

(ff) applications for enforcing the duty of the receiver or manager of the company to make returns or render accounts under section 322 (1);

(gg) applications to inspect the books of a company or to produce the said books under section 384;

(hh) applications under section 371.

IV. SUMMONS FOR DIRECTIONS

9. (1) Where a petition has been presented pursuant to rule 7, an application shall in every case be made by motion to the Court for directions as to the proceedings to be taken.

(2) Upon the hearing of the motion or any adjourned hearing or hearings thereof or any subsequent application the Court may make such order or orders and give such directions as it may think fit before further proceedings be taken and more particularly in relation to the following matters, that is to say :

(a) the publication of notices;

(b) in cases where the Court orders an inquiry as to the debts, claims or liabilities of or affecting a company or as to any such debts, claims or liabilities, the proceedings to be taken for settling the list of creditors entitled to object, including the dispensing with the observance of section 73 (2) as regards any class or classes of creditors, fixing the date with reference to which the list of such creditors is to be made out, and generally fixing a time for and giving directions as to all other necessary or proper steps in the matter whether expressly mentioned in any of the rules of this Order or not.

V. PROCEEDINGS WHEN INQUIRY DIRECTED

10. (1) The company shall, within seven days after an inquiry has been directed pursuant to rule 9 (2) (b) or within such further or other time as the Court may allow, file in the Central Office an affidavit made by some officer of the company verifying a list containing so far as possible the names and addresses of the creditors of the company to whom such inquiry extends. The said list shall also contain the amounts due to the creditors therein named respectively in respect of debts, claims or liabilities to which the inquiry extends, or in the case of any such debt payable on a contingency or not ascertained or any such claim admissible to proof in a winding-up of the company, the value, so far as can be justly estimated, of such debt or claim. Every such list and an attested copy of such affidavit shall be left at the Examiners' Office not later than three days after the filing of the affidavit.

(2) The person making any such affidavit shall state therein his belief that the list verified by such affidavit is correct, and there was not at the date so fixed as aforesaid, any debt, claim or liability which, if that date were the commencement of the winding up of the company, would be admissible in proof against the company, except the debts, or claims and liabilities set forth in such list and shall state his means of knowledge of the matters deposed to in such affidavit. Such affidavit and list shall be in the Forms Nos. 2 and 3 respectively in Appendix N.

(3) Complete copies of such list shall be kept at the registered office of the company and at the offices of their solicitor and Dublin agent (if any) and any person who wishes to inspect the same may, at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of 1/-.

(4) The companu shall within seven days after the filling of such affidavit or such further other time as the Examiner may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital or, as the case may be, the effect of the order directing the inquiry and the amount or estimated value of the debt or the contingent debt or claim or both for which such creditor is entered in the said list, and the time (to be fixed by the Examiner) within which if he claims to be entitled to be entered on such a list as a creditor for a larger amount, he shall send in his name and address and the particulars of his debt or claim, and the name and address of his solicitor (if any) to the solicitor of the company; and such notice shall be sent by post addressed to each such creditor at his last known address or place of abode and may be in the Form No. 4 in Appendix N.

11. Notice of the presentation of the petition, of the effect of the Order directing the inquiry and of the filing of the list of creditors shall, after the filing of the affidavit mentioned in rule 10 be published at such time and in such newspapers as the Court shall direct. Every such notice shall state the amount of the proposed reduction of capital or the nature of the Order sought by the petitioner and the places where the aforesaid list of creditors may be inspected, and the times within which creditors of the company who are not, but are entitled to be entered on the said list, and who wish to be entered therein, or creditors who wish to be entered therein for a larger or different amount, shall send in their name and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors (if any) to the solicitor of the company. Such notice may be in Form No. 5 in Appendix N.

12. The company shall, within such time as the Examiner shall direct, file in the Central Office an affidavit made by the person to whom the particulars of debts or claims are by such notices as are mentioned in rules 10 (4) and 11 required to be sent, stating the result of such notices respectively and verifying lists, in the Forms Nos 7 and 8 respectively in Appendix N, containing in alphabetical order the names and addresses of the persons (if any) who shall have sent in the particulars of their debts or claims in pursuance of such notices respectively, and the amounts of such debts or claims. Some officer of the company shall join in such affidavit, and shall in such list distinguish which (if any) of such debts and claims are wholly, or as to any and what part thereof, admitted by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company. Such affidavit shall also state which of the persons who are entered in the list as creditors and which of the persons who have sent in particulars of their debts or claims in pursuance of such notices as aforesaid have been paid or have consented to the proposed reduction. Such affidavit may be in the Form No. 6 in Appendix N and such list and an attested copy of such affidavit shall be left at the Examiners' Office within such time as the Examiner shall direct.

13. (1) If any debt or claim, particulars of which are so sent in shall not be admitted by the company at its full amount, then and in every such case, unless the company are willing to set apart and appropriate in such manner as the Court shall direct, the full amount of such debt or claim, the company shall send to the creditor a notice that he is required to come in and prove such debt or claim, or such part thereof that is not admitted by the company, by a date to be therein named, being not less than four clear days after such notice, and being the time appointed by the Examiner for adjudicating on such debts and claims. Such notice may be in the Form No. 9 in Appendix N.

(2) Such creditors as come in to prove their debts or claims pursuant to any such notice shall be allowed their costs of proof against the company, andbe answerable for costs, in the same manner as in the case of persons coming in to prove debts under judgment in a cause.

14. The result of the settelment of the list of creditors shall be stated in a certificate by the Examiner and such certificate shall distinguish the debts or claims, the full amount of which the company are willing to set apart and appropriate, and the debts or claims (if any) the amount of which has been fixed by inquiry and adjudication in manner provided by section 73 and the debts or claims (if any) the full amount of which is not admitted by the company, nor such as the company are willing to set apart and appropriate and the amount of which has not been fixed by inquiry and adjudication as aforesaid; and shall show which of the creditors have consented to the relief sought in the petition and the total amount of the debts due to them, and the total amount of the debts or claims the payment of which has been provided for under section 73 and the persons to or by whom same are due or claimed; but it shall not be necessary to show in such certificate the several amounts of the debts or claims of any persons who have consented to the relief sought in the petition or the payment of whose debts or claims has been secured as aforesaid.

15. The petition shall not be heard until the expiration of at least eight clear days from the filing of the certificate mentioned in rule 14.

VI. HEARING OF PETITION

16. Notice of the day on which the petition is to be heard shall be published at such times and in such newspaper or newspapers as the Court shall direct, and such notice shall be in the Form No. 10 in Appendix N with such variations as the circumstances of the ease may require.

17. Any creditor may, upon giving two clear days notice in writing to the solicitor of the company of his intention so to do, appear at the hearing of the petition.

18. Where a creditor, the full amount of whose debt or claim is not admitted by the company, appears at the hearing and the validity of such debt or claim has not been inquired into and adjudicated upon, the costs of and occasioned by his appearance shall be dealt with as to the Court shall seem just. In all other cases the creditor appearing shall be entitled to the costs of such appearance unless the Court shall be of opinion that in the circumstances of the particular case his costs ought not to be allowed.

19. When the petition comes on to be heard the Court may give such direction as may seem proper with reference to the securing in manner provided by the Act the payment of the debts or claims of any creditors who do not consent to the relief sought in the petition, and the further hearing of the petition may be adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims.

VII. ORDER CONFIRMING A REDUCTION OF CAPITAL

20. Where the Court makes an order confirming a reduction of capital, such order shall give direction in what manner and in what newspapers, and at what times, notice of the registration of the order and of such minute as in mentioned in section 75 if to be published, and shall fix the date until which the words " and reduced " or " agus laghdaithe " are to be deemed part of the name of the company as mentioned in section 74.

VIII. APPEAL AGAINST REFUSAL TO REGISTER A NAME

21. (1) An appeal under section 21 against the refusal to register a name of company shall be brought within twenty-one days after the applicant for such registration has received notice of such refusal but the Court may extend the time within which such appeal may be brought upon such terms (if any) as the Court may direct.

(2) A copy of the petition shall be served on the Registrar of Companies within four days after it has been filed in the Central Office.

IX. APPLICATIONS TO SANCTION THE REDEMPTION OF PREFERENCE SHARES BY A PRIVATE COMPANY

22. A copy of any petition presented under rule 7 (g) shall be served on every secured creditor of the company within four days after it has been filed in the Central Office.

X. SERVICE OF PETITIONS

23. A copy of any petition presented under rule 7 (a), (d), (i), (l) or (n) shall be served on the company within three days after it has been filed in the Central Office.

24. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1964.

APPENDIX N

THE COMPANIES ACT, 1963

O. 75, r. 6

No. 1

PETITION

THE HIGH COURT

19   No.

Mr Justice

In the matter of            Company Limited and in

the matter of the Companies Act, 1963

To the High Court

The humble petition of           of

showeth as follows

1. Your petitioner, the above-named company (hereinafter called " the company ") was on the  day of    incorporated in the State (or in    as the case may be) under the Companies Act, 1963 , as a company limited by shares.

2. The registered office of the company is situate at

3. The objects for which the company was established are     and the other objects set out in the Memorandum of Association of the Company.

4. The nominal capital of the company is £  divided into shares of £  each.

5. Shortly after its incorporation the company commenced and has since carried on business.

(Here set out in paragraphs the facts on which the petitioner relies and concludes as follow) :—

Your petitioner therefore prays as follows:

(1) That

(2) or that such other order may be made in the premises as to this Hounorable Court may seem fit.

NOTE—It is (not) intended to serve this petition.

O. 75, r. 10 (2)

No. 2

AFFIDAVIT VERIFYING LIST OF CREDITORS

(Title as in Form No. 1)

I, A.B. of                  make oath and say as follows:

1. The paper writing marked A upon which I have signed my name before swearing this affidavit contains a list of the creditors of and persons having claims upon the above-named company on the  day of   19  (the date fixed by the Order in this matter dated the    day of    ), together with their respective addresses and the nature and amount of their respective debts or claims, and such list is, to the best of my knowledge, information, and belief, a true and accurate list of such creditors and persons having claims on the day aforesaid.

2. To the best of my knowledge and belief there was not, at the date aforesaid, any debt or claim, which, if such date were the commencement of the winding-up of the said company, would be admissible in proof against the said company other than and except the debts set forth in the said list. I am able to make this statement from facts within my knowledge as the  of the said company and from information derived from investigation and examination of the affairs, books, documents and papers of the said company.

Sworn etc.

O. 75, r. 10 (2)

No. 3

LIST OF CREDITORS REFERRED TO IN FORM No. 2

A

(Title as in Form No. 1)

This list of creditors marked A was produced was produced and shown to A.B. and is the same list of creditors as is referred to in his affidavit sworn before me this   day of   19  .

Commissioner for Oaths.

O. 75, r. 10 (4)

No. 4

NOTICE TO CREDITORS

(Title as in Form No. 1)

To

You are hereby given notice that a petition has been presented to the High Court (here state shortly the nature of the relief sought) and that in the list of persons admitted by the company to have been on the    day of    creditors of the company your name is entered as a creditor for (here state the amount of the debt or nature of the claim). If you claim to have been on the last mentioned day a creditor to a larger amount that is stated above, you must on or before the   day of   send the particulars of your claim and the name and registered place of business of your solicitor (if any) to the undersigned solicitor at   . In default of your so doing, the above entry in the list of creditors will in all the proceedings under the above petition be treated as correct.

Dated

(Signed)

Solicitor for the said company.

O. 75, r. 11

No. 5

ADVERTISEMENT OF PETITION AND LIST OF CREDITORS

In the matter of       Company Limited and in the matter of the Companies Act, 1963 .

Notice is hereby given that a petition for (here state shortly the nature of the relief sought) was on the    day of   19  presented to the High Court and is now pending. (Add where appropriate) And that by Order dated the    day of    19  an Inquiry was directed as to the debts, claims and liabilities of the company on the  day of  19 .A list of the persons admitted to have been creditors of the company for debts, claims and liabilities to which the said Inquiry extends on the said  day of   19   has been filed in the Central Office and may be inspected at the offices of the company at              or at the office of (here state name of company's solicitor and address of his office) at any time during usual business hours on payment of one shilling. Any person who claims to have been on the said   19 and still to be, a creditor of the company in respect of any such debt, claim or liability and who is not entered on the said list and claims to be so entered, must on or before the   day of  send in his name and address and the particulars of his claim, and the name and address of his solicitor (if any) to the under-signed solicitor at

or in default thereof he will be precluded from objecting to the grant of the relief sought in the petition.

Dated 

(Signed) 

Solicitor for the said company.

O. 75, r. 12

No. 6

AFFIDAVIT IN ANSWER TO INQUIRY

(Title as in Form No. 1)

We, C.D. of          (the secretary or other officer of the above-named company), X.Y. of     (the solicitor of the said company) and A.B. of [the managing director (or other officer) of the said company], severally make oath and say as follows:

I, the said C.D., for myself say:

(1) I did, on the   day of     19 in the manner hereinafter mentioned serve a true copy of the notice marked B upon which I have signed my name before swearing this affidavit, upon each of the respective persons whose names, addresses and descriptions appear in the first column of the list of creditors marked A referred to in the affidavit of    filed on the    day of    19 .

(2) I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively, according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons respectively), and with the proper postage stamps affixed thereto as prepaid letters, into a post office receiving box at        between the hours of    and   of the clock in the noon of the said  day of       .

And I, the said X.Y., for myself say:

(3) A true copy of the notice marked C upon which I have signed my name before swearing this affidavit has appeared in the         of the    day of   19 and the   day of    19   .

(4) I have in the paper writing marked D upon which I have signed my name before swearing this affidavit, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice marked B by persons claiming to be creditors of the company for larger amounts than are stated in the list of creditors marked A referred to in the affidavit of filed on the  day of    19 , 

or

No person has sent in to me pursuant to the said notice marked B a claim to be entered on the said list for a larger sum than that in respect of which he is so entered in the said list marked A.

(5) I have in the paper writing marked E upon which I have signed my name before swearing this affidavit, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the company on the    day of    19  not appearing on thesaid list of creditors marked A and who claim to be entered thereon.

or

No claims have been sent to me pursuant to the notice referred to in paragraph (3) hereof by persons not entered on the said list marked A and claiming to be so entered.

And we, C.D. and A.B., for ourselves say

(6) We have in the first part of the said paper writing marked D and also in the first part of the said paper writing marked E respectively set forth such of the said debts and claims as are admitted by the company to be due wholly or in part, and how much is admitted to be due in respect of such of the said debts and claims respectively as are not wholly admitted.

(7) We have, in the second part of each of the said paper writings marked D and E set forth such of the said debts and claims as are wholly disputed by the company.

(8) In the said exhibits D and E we have distinguished such of the debts the full amounts whereof are proposed to be appropriated in such manner as the Judge shall direct.

O. 75, r. 12

No. 7

EXHIBIT D REFERRED TO IN FORM No. 6

(Title as in Form No. 1)

LIST OF DEBTS AND CLAIMS

of which particulars have been sent to .................................... by persons claiming to be creditors of the above-named company for larger amounts than are stated in the list of creditors made out by the company.

FIRST PART

Debts or claims wholly or partly admitted by the company:

SECOND PART

Debts and claims wholly disputed by the company:

This paper writing marked D was produced and shown to C.D., X.Y. and A.B. respectively and is the same as that referred to in their affidavit sworn this   day of     before me (to be signed here by Commissioner or officer before whom the affidavit is sworn)

O. 75, r. 12

No. 8

EXHIBIT E REFERRED TO IN FORM No. 6

(Title as in Form No. 1)

LIST OF DEBTS AND CLAIMS

of which particulars have been sent to .................................... by persons claiming to be creditors of the above-named company and to be entered in the list of creditors made out by the company.

FIRST PART

Debts and claims wholly or partly admited by the company:

SECOND PART

Debts and claims wholly disputed by the company:

This paper writing marked E was produced and shown to C.D., X.Y. and A.B. respectively and is the same as that referred to in their affidavit sworn this day of before me (to be signed here by Commissioner or officer before whom the affidavit is sworn)

O. 75, r. 13

No. 9

NOTICE TO CREDITORS TO COME IN AND PROVE

In the matter of                 (as in Form No. 1)

You are hereby required to come in and prove the debt claimed by you against the above-named company, by filing your affidavit and giving notice thereof to the solicitor of the said company, on or before the day of next; and you are to attend in person or by your solicitor at the Examiner's Office, Four Courts, Dublin, on the day of 19 at  o'clock in the noon being the time appointed for hearing and adjudicating upon the claim, and produce any securities or documents relating to your claim.

In default of your complying with the above directions you will be precluded from objecting to the grant of the relief sought in the petition (or in all proceedings relative to the grant of the relief sought in the petition be treated as a creditor for such amount only as is set against your name in the list of creditors).

Dated the day of 

(Signed) 

Solicitor for the said company.

No. 10

ADVERTISEMENT OF HEARING OF PETITION

In the matter of                 (as in Form No. 1).

Notice is hereby given that a petition presented to the High Court on the   day of  for (here state shortly the nature of the relief sought) is directed to be heard before the Court on the day of 19 .

Dated

(Signed)

Solicitor for the company.

EXPLANATORY NOTE.

These Rules prescribe procedures in respect of applications under the Companies Act, 1963 (other than those relating to winding-up) and replace Order 75 of and Appendix N to the Rules of the Superior Courts ( S.I. No. 72 of 1962 ).