Companies (Amendment) Act, 1990

Notification of appointment of examiner.

12.—(1) Where a petition is presented under section 2 , notice of the petition in the prescribed form shall, within 3 days after its presentation, be delivered by the petitioner to the registrar of companies.

(2) (a) An examiner shall, within the time limits specified in paragraph (b), cause to be published in Iris Oifigiúil and in at least two daily newspapers circulating in the district in which the registered office or principal place of business of the company is situate a notice of—

(i) his appointment and the date thereof, and

(ii) the date, if any, set for the hearing of the matters arising out of the report to be prepared by the examiner under section 15 .

(b) The time limits referred to in paragraph (a) are—

(i) twenty-one days after his appointment in the case of Iris Oifigiúil, and

(ii) three days after his appointment in the other case referred to in that paragraph.

(3) An examiner shall, within three days after his appointment, deliver to the registrar of companies a copy of the order appointing him.

(4) Where a company is, by virtue of section 5 , deemed to be under the protection of the court, every invoice, order for goods or business letter issued by or on behalf of the company, being a document on or in which the name of the company appears, shall contain the statement “under the protection of the court”.

(5) A person who fails to comply with the provisions of this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000 and, on conviction on indictment, to a fine not exceeding £10,000.