Irish Bank Resolution Corporation Act 2013

SCHEDULE

Modifications to Companies Acts

Section 10 .

PART 1

Specific Modifications of Certain Provisions of Part VI of the Act of 1963 in their Application under this Act

Item

(1)

Provision of Act of 1963

(2)

Modification for purposes of this Act

(3)

1

Section 206(2)

As if “by reason of the making of the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were substituted for “in either of those modes”.

2

Section 224(1)

As if “submitted to the Minister for Finance” were substituted for “filed in the court” and as if all other references to “the court” were references to “the Minister for Finance”.

3

Section 224(2)

As if

(a) “the Minister for Finance” were substituted for “the court” in each place,

(b) “submitted” were substituted for “filed”, and

(c) “submit” were substituted for “file”.

4

Section 224(3)

As if “the Minister for Finance” were substituted for “the court” and as if “submitted” were substituted for “filed”.

5

Section 224(4)

As if “the Minister for Finance” were substituted for “the court”.

6

Section 224(7)

As if the following were substituted for subsection (7):

“(7) Any person untruthfully so stating himself or herself to be a creditor or contributory shall be guilty of an offence.”.

7

Section 229(2)

As if “or no special liquidator (appointed under section 7 of the Irish Bank Resolution Corporation Act 2013)” were inserted after “no liquidator” and as if “the Minister for Finance” were substituted for “the court”.

8

Section 231(1)

As if “, with the sanction of the court or of the committee of inspection” were deleted.

9

Section 235

As if “the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “the court” in each place.

10

Section 236

As if “the making of the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were substituted for “making a winding up order”.

11

Section 237

As if “the making of the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were substituted for “making a winding up order”.

12

Section 238

As if

(a) “special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “court” in each place,

(b) “the special liquidator” were substituted for “it”, and

(c) “after the Special Liquidation Order is made under the Irish Bank Resolution Corporation Act 2013” were substituted for “after making a winding up order”.

13

Section 240(1)

As if “by the court or the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “by the court”.

14

Section 241

As if “The special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “The court”.

15

Section 242

As if “The special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “The court”.

16

Section 243

As if “the making of the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were substituted for “making a winding up order”.

17

Section 245(1)

As if “on the application of the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “of its own motion”.

18

Section 245A(1)

As if “on the application of the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “of its own motion”.

19

Section 247

As if “the making of the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were substituted for “making a winding up order” and as if “on the application of the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “of its own motion”.

20

Section 248

As if “or on the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were inserted after “the court”.

21

Section 280(1)

As if the following were substituted for subsection (1):

“(1) The special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013 or any creditor may apply to the court to determine any question arising in the winding up of IBRC (within the meaning of the Irish Bank Resolution Corporation Act 2013) and that special liquidator may apply to the court to exercise all or any of the powers which the court might exercise if IBRC were being wound up by the court.”.

22

Section 280(2)

As if “(other than an order annulling the making of the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013)” were inserted after “such other order”.

23

Section 286

As if the following were inserted after subsection (5):

“(6) This section shall not apply to any act relating to property by IBRC (within the meaning of the Irish Bank Resolution Corporation Act 2013) in favour of the Central Bank of Ireland.”.

24

Section 288

As if the following were inserted after subsection (4):

“(5) This section shall not apply to any floating charge created by IBRC (within the meaning of the Irish Bank Resolution Corporation Act 2013) in favour of the Central Bank of Ireland.”.

25

Section 292

As if “the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were substituted for “a winding up order”.

26

Section 293

As if “or under the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were inserted after “by the court” in each place.

27

Section 295

As if “or under the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were inserted after “by the court”.

28

Section 307

As if “or under the Special Liquidation Order under the Irish Bank Resolution Corporation Act 2013” were inserted after “voluntarily”.

PART 2

Specific Modifications of Certain Provisions of the Act of 1990 in their Application under this Act

Item

(1)

Provision of Act of 1990

(2)

Modification for purposes of this Act

(3)

1

Section 139(1)

As if “the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “a liquidator, creditor or contributory of a company which is being wound up”.

2

Section 139

As if the following were inserted after subsection (2):

“(2A) Subsection (1) shall not apply to any disposal by IBRC (within the meaning of the Irish Bank Resolution Corporation Act 2013) in favour of the Central Bank of Ireland.”.

3

Section 140(1)

As if “the special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013” were substituted for “the liquidator or any creditor or contributory of a company that is being wound up”.