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Order 53B

Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015

Interpretation

1. (1) In this Order, unless the context or subject matter otherwise requires:

the “Act” means the Companies Act 2014;

“company” means a company that, in respect of the latest financial year of the company that has ended prior to the date of the presentation of the originating Notice of Motion, fell to be treated as a small or medium company by virtue of section 350 of the Act, to which any application under this Order relates and, where the context so admits or requires, includes any related company of that company;

the “Director” has the same meaning as in section 2(1) of the Act;

the “Minister” means the Minister for Jobs, Enterprise and Innovation.

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

Title and venue

2. (1) Every application brought in the Court in relation to a company under Part 13 of the Act shall be entitled in the matter of the company and in the matter of Part 13 of the Companies Act 2014 and where the company is under investigation there shall be added after the name of the company the words “under investigation”.

(2) All applications brought by a creditor or member under this Order shall, in accordance with section 747(9) of the Act, be made to the judge of the Circuit Court:

(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or

(b) if there is no registered office of the company at that time, for the circuit in which the creditor or member resides, or

(c) if there is no registered office of the company at that time and the creditor or member resides outside the State, for the Dublin Circuit.

(3) All applications and proceedings brought by the company or a director of the company under this Order shall, in accordance with section 747(10) of the Act, be made to the judge of the Circuit Court:

(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or

(b) if there is no registered office of the company at that time, for the Dublin Circuit.

(4) All applications and proceedings brought by the Director under this Order shall, in accordance with section 748(8) of the Act, be made to the judge of the Circuit Court:

(a) for the circuit in which the registered office of the company is situated at the time of the making of the application, or

(b) if there is no registered office of the company at that time, for the Dublin Circuit.

Application under section 747

3. (1) An application to appoint an inspector or inspectors under section 747(1) of the Act shall be made by originating Notice of Motion. Such an application when not made by the company or a director of the company shall be served on the company and its directors, and when made by a director, shall be served on the company and the other directors, and when made by the company shall be served on its directors.

(2) An application under sub-rule (1) shall be grounded upon an affidavit sworn by or on behalf of the moving party, which shall:

(a) contain a statement that the company is a small company meeting the qualifying conditions referred to in section 350(5) or, as the case may be, a medium company meeting the qualifying conditions referred to in section 350(6) of the Act and verify the satisfaction of the qualifying conditions concerned;

(b) exhibit the letter required by section 747(5) of the Act giving not less than 14 days’ notice to the Director of the intention to make the application and proof of service of that letter on the Director;

Application under section 748

4. (1) An application to appoint an inspector or inspectors under section 748 of the Act shall be made by originating Notice of Motion. Such an application shall be served on the company and its directors.

(2) An application under sub-rule (1) shall be grounded upon an affidavit sworn by or on behalf of the Director, which shall:

(b) set out the circumstances mentioned in section 748(1) of the Act relevant to the application and verify any facts relied on.

Application to investigate a related body corporate

5. (1) An application for the approval of the Court to investigate a related body corporate, being a small or medium company within the meaning of section 350 of the Act, under section 750 of the Act shall be by notice of motion by the inspector grounded on an affidavit, which shall:

(a) contain a statement that the related body corporate is a small company meeting the qualifying conditions referred to in section 350(5) or, as the case may be, a medium company meeting the qualifying conditions referred to in section 350(6) of the Act and verify the satisfaction of the qualifying conditions concerned;

(b) set out the reasons why the inspector considers that it is necessary for the purposes of the investigation to investigate the affairs of the related body corporate and verify any facts relied on.

(2) A copy of the notice of motion, grounding affidavit and any exhibits shall be served on the company and on its directors and, if different, on the applicant at whose instance the inspector was appointed.

Order on considering investigator’s report

6. (1) After considering a report made under section 758 of the Act, the Court may make such order as it thinks fit.

(2) If on consideration of a report made to the Court under section 758 of the Act the Court considers that it may be appropriate that an order should be made for the winding up of a body corporate to which the report relates, the Court may refer the proceedings to the High Court, in accordance with section 747(8) or, as the case may be, section 748(7) of the Act, by directing the inspector (unless the Court otherwise directs) to apply to the High Court on notice to the original applicant for the appointment of the inspector and the company to put the report before the High Court for the purpose of considering the making of such an order.

Applications by motion ex parte

7. (1) The following applications shall be made by motion ex parte of the inspector grounded upon an affidavit:—

(a) an application for directions in an investigation under section 749 of the Act;

(b) an application for leave to deliver an interim report to the Court under section 758(1) of the Act;

(d) an application for leave to inform the Court of matters under section 758(2) of the Act;

(e) an application as to whether a part of a report should, under section 759(5) of the Act, be omitted from a report to be forwarded, provided, printed or published.

(2) The Court may direct that notice of an application mentioned in sub-rule (1) be given to any person.

Application under section 757

8. (1) An application under section 757 of the Act shall be made by notice of motion of the inspector grounded upon an affidavit. Copies of the notice of motion, affidavit and any exhibit shall be served on every person alleged to be in default, and each such person shall be at liberty to deliver and file a replying affidavit.

Directions and conduct of applications

9. (1) On the hearing of any application made to the Court pursuant to rule 3, rule 4, rule 5, rule 7 or rule 8, the Court may make such order or give such directions as it thinks fit including directions as to whether, and if so, upon which other party notice of the application should be served, the mode of service and the time allowed for such service and may adjourn the hearing or further hearing of such application to date to be specified.

(2) Every application under Part 13 of the Act shall be grounded upon the affidavit of the party making such application and shall be heard and determined on affidavit unless the Court otherwise orders.

(3) Notwithstanding sub-rule (2), the Court may, in any case in which the Court considers that it is either necessary or desirable in the interests of justice so to do, direct a hearing in the matter on oral evidence and may make such order and give such directions in relation to the exchange of pleadings and the settling of issues between the parties as shall appear proper in the circumstances.

[1] Order 53B inserted by SI 471 of 2015, effective 9 November 2015.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 53B

Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015

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