Companies Act 2014
Petition for court | ||
510. (1) Subject to subsections (2) and (3), a petition in relation to a company may be presented by all or any of the following (separately or together): | ||
(a) the company; | ||
(b) the directors of the company; | ||
(c) a creditor, or a contingent or prospective creditor (including an employee), of the company; | ||
(d) a member or members of the company holding at the date of the presentation of the petition not less than one tenth of such of the paid-up share capital of the company as carries at that date the right of voting at general meetings of the company. | ||
(2) Where the company referred to in section 509 is the holding company of an insurer, a petition may be presented only by the Central Bank, and subsection (1) shall not apply to the company. | ||
(3) Where the company referred to in section 509 is— | ||
(a) the holding company of a credit institution, or | ||
(b) a company which one or more trustee savings banks have been reorganised into pursuant to an order under section 57 of the Trustee Savings Banks Act 1989 , | ||
a petition may be presented only by the Central Bank, and subsection (1) shall not apply to the company. | ||
(4) Where the company referred to in section 509 is a Schedule 5 company, the following provisions shall apply: | ||
(a) a petition may be presented by— | ||
(i) any of the persons referred to in paragraph (a), (b), (c) or (d) of subsection (1) (including by one or more of such persons acting together); | ||
(ii) the Central Bank; or | ||
(iii) one or more of such persons and the Central Bank acting together; | ||
(b) if the Central Bank does not present a petition— | ||
(i) the petitioner shall, before he or she presents the petition at the office of the court, cause to be received by the Central Bank a notice in writing of his or her intention to present the petition, and shall serve a copy of the petition on the Central Bank as soon as may be after the presentation of it at that office; | ||
(ii) the Central Bank shall be entitled to appear and be heard at any hearing relating to the petition. | ||
(5) In this section “ Schedule 5 company” means a company falling within any provision (in so far as applicable to a private company limited by shares) of Schedule 5 . |