Companies (Amendment) (No. 2) Act, 1999
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Amendment of section 24 of Act of 1990. |
24.—Section 24 of the Act of 1990 is hereby amended— |
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(a) in subsection (2), by the addition of the following paragraph after paragraph (c): |
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“(d) in case the company is a company referred to in paragraph (b) or (c) of section 3(2), the Central Bank.”, |
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(b) in subsection (4), by the substitution of the following paragraph for paragraph (a): |
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“(a) unless at least one class of creditors whose interests or claims would be impaired by implementation of the proposals has accepted the proposals, or”, |
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(c) by the insertion of the following subsection after subsection (4): |
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“(4A) Without prejudice to subsection (4), the court shall not confirm any proposals in respect of a company to which an examiner has been appointed under section 4 if the proposals would have the effect of impairing the interests of the creditors of the company in such a manner as to favour the interests of the creditors or members of any company to which it is related, being a company to which that examiner has been appointed examiner under section 2 or, as the case may be, 4.”, |
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(d) in subsection (11), by the deletion in paragraph (b) of “members and”, |
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and |
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(e) by the substitution of the following subsection for subsection (12) (inserted by the Companies Act, 1990 ): |
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“(12) Notwithstanding subsection (4), or any other provision of this Act, nothing in this Act shall prevent the examiner from including in a report under section 18 proposals which will not involve the impairment of the interests of members or creditors of the company, nor the court from confirming any such proposals.”, |
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and the said paragraph (b) of the said subsection (11), as so amended, is set out in the Table to this section. |
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TABLE |
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(b) the report of an examiner under section 18 concludes that, following the required meetings of creditors of a company under this Act, it has not been possible to reach agreement on a compromise or scheme of arrangement. |

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