S.I. No. 217/2003 - Company Law Enforcement Act 2001 (Winding-Up and Insolvency Provisions) (Commencement) Order 2003

I, Michael Ahern, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 2 of the Company Law Enforcement Act, 2001 (No. 28 of 2001), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No.2) Order 2003 ( S.I. No. 157 of 2003 ), hereby order as follows

1.         This Order may be cited as the Company Law Enforcement Act 2001 (Winding-up and Insolvency Provisions) (Commencement) Order 2003.

2.         The 1st day of June 2003 is fixed as the day on which section 56 of the Company Law Enforcement Act 2001 (No. 28 of 2001) shall come into operation, insofar as it applies to liquidators appointed on or after 1 January 2000 and before 1 July 2001 where, in respect of the company to which the liquidator was appointed -

(i)      an order has not been made under section 249 (1) of the Companies Act 1963 , or

(ii)      the meetings required under section 273(1) of the said Act have not been held.

Explanatory Note

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

This Commencement Order appoints 1^st June 2003 as the day when section 56 of the Company Law Enforcement Act 2001 shall become effective in so far as it relates to liquidators who were appointed to insolvent companies on or after 1 January 2000 and before 1 July 2001, where in respect of the company to which the liquidator was appointed an order has not been made under section 249 (1) of the Companies Act 1963 or where the meetings required under section 273 (1) of the Companies Act 1963 have not been held.

Section 56 requires inter alia the relevant liquidators to report to the Director of Corporate Enforcement in a prescribed form in relation to insolvent companies. Section 249(1) deals with the making of a dissolution order by the High Court, while section 273(1) deals with the final meeting of creditors and the dissolution of the company.

By virtue of the Company Law Enforcement Act 2001 (Winding-up and Insolvency Provisions) (Commencement) Order 2002 [ S.I. No. 263 of 2002 ], section 56 already applies to:

(a)      liquidators appointed to insolvent companies on or after 1 June 2002 and

(b)      liquidators appointed to insolvent companies on or after 1 July 2001 and before 1 June 2002 where —

(i)       an order has not been made under section 249 (1) of the Companies Act 1963 or

(ii)      the meetings required under section 273 (1) of the Companies Act 1963 have not been held.