S.I. No. 502/2005 - Rules Of The Superior Courts (Proof Of Liquidator's Appointment In Creditors' Voluntary Winding Up) 2004


S.I. No. 502 of 2005 .

RULES OF THE SUPERIOR COURTS (PROOF OF LIQUIDATOR'S APPOINTMENT IN CREDITORS' VOLUNTARY WINDING UP) 2004.

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 of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 4th day of April 2003.

Ronan Keane

Paul Sreenan

Joseph Finnegan

Anthony Hunt

Brian McCracken

Patrick Groarke

William McKechnie

Noel Rubotham

Edmund Honohan

Matthew-Feely

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

Dated this 1st day of April 2004.

MICHAEL McDOWELL, T.D.,

Minister for Justice, Equality and Law Reform.

S.I. No. 502 of 2005 .

RULES OF THE SUPERIOR COURTS (PROOF OF LIQUIDATOR’S APPOINTMENT IN CREDITORS’ VOLUNTARY WINDING UP) 2004.

1.  Order 74 of the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ), is hereby amended by the insertion after rule 143 of the following rule:

Certification of Liquidator in a creditors’ voluntary winding up.

144.  Any appointment of a Liquidator in a creditors’ voluntary winding up may, for the purposes of Article 19 of Council Regulation (EC) No. 1346/20001 of 29 May 2000 on insolvency proceedings, be evidenced by a certificate in the Form No. 53 issued by the Master of the High Court upon verification of that appointment by affidavit in the Form No. 52 made by the Liquidator.”.

2.  Appendix M to the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ), is hereby amended by the insertion after Form No. 51 of the following Forms:

“O. 74, r.144

No. 52

Affidavit verifying an application for certification of Liquidator in a creditors’ voluntary winding up.

[Title as in Form No. 1]

I, A.B. of _________________, liquidator of the above named company, make oath and say as follows:

1.     On the ___ day of _____________, 20___, it was resolved pursuant to section 267 of the Companies Act 1963 , that the above company be wound up and that the deponent herein be appointed to act as liquidator.

2.     I beg to refer to a copy of the said resolution which before swearing this affidavit I have marked with the letter “A” and upon which I have indorsed my name [OR I beg to refer to a copy Companies Registration Office Search which before swearing this affidavit I have marked with the letter “A” and upon which I have indorsed my name].

3.     In accordance with Article 19 of Council Regulation (EC) No. 1346/20002 of 29 May 2000 on insolvency proceedings I hereby request that the High Court certify my appointment as liquidator of the above named company.

Sworn &c.

O. 74, r.144

No. 53

Certification of Liquidator in a creditors’ voluntary winding up.

[Title as in Form No. 1]

I, __________, Master of the High Court of Ireland hereby certify—

1.     That A.B. of _________ is the liquidator of __________ [Limited] [Public Liability Company] (in voluntary liquidation).

2.     This certificate is issued in accordance with Article 19 of Council Regulation (EC) No. 1346/20003 of 29 May 2000 on insolvency proceedings.

Dated the ___ day of ______________ 20____

(Signed) ____________________

Master of the High Court.

(Seal).”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend Order 74 of the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ) by the insertion of a new rule, numbered 144, to provide for the certification of a liquidator in a creditors’ voluntary winding up. Additional forms numbered 52 and 53, are inserted into Appendix M of said Order.

1 OJ L160 of 30.6.2000.

2 OJ L160 of 30.6.2000.

3 OJ L160 of 30.6.2000.