Superior Courts (Companies Act 2014) (No. 2) 2015.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules, which may be cited as the Rules of the Superior Courts (Companies Act 2014) (No. 2) 2015, shall come into operation on the 30th day of December 2015.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2015.
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paragraphs: The Rules of the Superior Courts are amended:
(i) by the substitution therein for rule 38 of Order 74 of the following rule:
“38.(1) An application to have the liquidator’s remuneration fixed by the Court in accordance with section 646(2)(d) of the Act shall be by motion of the liquidator-
(a) on notice to the committee of inspection or,
(b) where no committee of inspection exists, on notice to such creditor or creditors as is or are directed by the Court, or
(c) in a members’ voluntary winding up, on notice to such member or members, or other person or persons, as is or are directed by the Court,
supported by an affidavit setting out or exhibiting and verifying the particulars required by section 646(3) of the Act and such other evidence (if any) as the Court shall require.
(2) The particulars required to be furnished for the purpose of section 647(3)(a) of the Act:
(a) shall be such particulars as are reasonably necessary to assess whether the amount sought conforms to the terms of any agreement referred to in section 646(2)(a) of the Act; any approval referred to in section 646(2)(b) or (c) of the Act or, as the case may be, any order referred to in section 646(2)(d) of the Act,
(b) without prejudice to the generality of paragraph (a) the foregoing, shall:
(i),in the case of remuneration expressed in accordance with section 646(1)(a) of the Act, include the basis of calculation of any relevant percentage;
(ii) in the case of remuneration expressed in accordance with section 646(1)(b) of the Act, include the amount of time expended in the conduct of the winding up by each person in respect of whom a charge is sought to be imposed and the rate applied to each such person;
(iii) in the case of remuneration expressed in accordance with section 646(1)(c) of the Act, include the basis of calculation by reference to the relevant method or thing; and
(iv) include the amounts of any outlay sought to be charged and the amount of Value Added Tax, if any, sought to be charged on any item.
(3) An application to vary the terms of a liquidator’s entitlement to remuneration under section 646(5) of the Act shall be by motion on notice in like manner as for an application referred to in sub-rule (1).
(4) An application by the liquidator for payment in accordance with section 647(2)(d) of the Act (in any case in which there is no agreement to refer any dispute as to the amount of remuneration to arbitration in accordance with section 648(1) of the Act) shall be by motion of the liquidator on notice to the committee of inspection (if any) or otherwise on notice to such creditor or creditors as is or are directed by the Court, supported by an affidavit setting out or exhibiting and verifying such particulars as were furnished to the creditors or members, as the case may be, in accordance with sub-rule (2).
(5) An application by a creditor or member to the Court in accordance with section 648(5) of the Act to review the amount agreed or allowed at the liquidator’s remuneration shall be by motion of the creditor or member concerned on notice to the liquidator and to such other person or persons as is or are directed by the Court.”;
(ii) by the substitution therein for sub-rule (2) of rule 42 of Order 74 of the following sub-rule:
“(2) The chairperson shall for the purpose of section 700(1)(b) of the Act in every case cause to be made and kept and shall sign a list of creditors, contributories or members present at the meeting in the form included in Form No 17 and the chairperson’s report to the Court of the result of the meeting shall be in the Form No 17.”;
(iii) by the substitution therein for rules 86 and 87 of Order 74 of the following rules:
“86.The declaration of solvency referred to in section 580(2) of the Act shall be in the Form No. 41. The report referred to in section 580(4) of the Act shall be in the Form No. 41A.
87. (1) The statement referred to in section 584(2) of the Act shall be in the Form No 42.
(2) A notice referred to in section 643(3) of the Act shall be in the Form No 51.
(3) A notice referred to in section 643(5) of the Act in the case of an appointment other than an appointment made by the Court shall be in the Form No 52.
(4) A notice referred to in section 669(2) of the Act shall be in the Form No 53.”;
(iv) by the insertion therein following rule 93 of Order 74 of the following rule:
“94.(1) The first report required by section 682(2) of the Act shall be in the Form No 54 and shall include:
(i) a summary of the proceedings in, and position of, the winding up to date;
(ii) particulars of each director of the company (as that expression is to be read in accordance with section 683(1)(b) of the Act),
(iii) in respect of each director of the company (as that expression is to be read in accordance with section 683(1)(b) of the Act), such information as the liquidator considers may be relevant to an assessment of whether:
(a) the person concerned has acted honestly and responsibly in relation to the conduct of the affairs of the company in question, whether before or after it became an insolvent company,
(b) he or she has, when requested to do so by the liquidator, cooperated as far as could reasonably be expected in relation to the conduct of the winding up of the insolvent company, and
(c) there is no other reason why it would be just and equitable that he or she should be subject to the restrictions imposed by an order under section 819(1) of the Act.
(2) Each subsequent report required by the Director in accordance with section 682(2) of the Act shall in its format conform as far as possible to Form 54 and contain such further information mentioned in sub-rule (1) as has come to the attention of the liquidator since the last such report.”, and
(v) by the substitution therein for rule 29 of Order 75 of the following rule:
“29.In any proceedings in the Court to which section 863 of the Act applies, the Registrar of the Court shall send to the Registrar of Companies by registered prepaid post or by such other means, including electronic transmission, as the Registrar of the Court may agree with the Registrar of Companies the appropriate particulars prescribed for the purposes of that section of any order made required by the Companies Act 2014 (Part 14 Prescribed Officers) Regulations 2015 ( S.I. No. 216 of 2015 ).”
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paragraphs: (1) The forms numbered as Forms No. 17, 41 and 41A set out in the Schedule shall be substituted for the forms bearing the like number s respectively in Appendix M to the Rules of the Superior Courts.