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Irish Statutory Instruments |
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You are here: BAILII >> Databases >> Irish Statutory Instruments >> Companies Act 2014 (Prescribed Forms Category 5 Liquidators) Regulations S.I. No. 302/2017 URL: http://www.bailii.org/ie/legis/num_reg/2017/0302.html |
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Notice of the making of this Statutory Instrument was published in | ||||||
“Iris Oifigiúil” of 14th July, 2017. | ||||||
The IRISH AUDITING AND ACCOUNTING SUPERVISORY AUTHORITY, in exercise of the powers conferred on it by Section 633 (amended by section 93 of the Companies (Accounting) Act 2017 (No. 9 of 2017)) of the Companies Act 2014 (No. 38 of 2014), hereby makes the following Regulations: | ||||||
Citation | ||||||
1. These Regulations may be cited as the Companies Act 2014 (Prescribed Form — Category 5 Liquidators) Regulations 2017. | ||||||
Definitions | ||||||
2. In these Regulations- | ||||||
“Act of 2014” means the Companies Act 2014 (No. 38 of 2014). | ||||||
Prescribed Form for Registration | ||||||
3. The form set out in the Schedule to these Regulations is hereby prescribed for the purposes of paragraph 5(a) of the Table to section 633 of the Act of 2014. | ||||||
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GIVEN under the seal of the Irish Auditing and AccountingSupervisory Authority, | ||||||
11 July 2017. | ||||||
KEVIN PRENDERGAST, | ||||||
Chief Executive Officer and Director. | ||||||
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FERGAL Ó BRIAIN, | ||||||
Secretary. | ||||||
SCHEDULE | ||||||
Part A — Personal Details | ||||||
1Note that members of prescribed accountancy bodies (as defined in s 900(1) of the Companies Act 2014 holding a current practising certificate and members of the Law Society of Ireland holding a current practising certificate are not permitted to be authorised to act as liquidators under paragraph 5 of the table to section 633 of the Companies Act 2014 . | ||||||
Part B — Application Information | ||||||
Part B.1 — Experience and Knowledge | ||||||
You are required to provide a Curriculum Vitae (‘CV’). Such a CV should outline your employment history and your experience in relation to the winding up of companies and knowledge of the law applicable thereto that you consider relevant. Please include an explanation for any professional timeline gap exceeding 12 weeks. | ||||||
This experience and knowledge should relate to periods prior to 1 June 2015 only. Experience and knowledge obtained after 1 June 2015 cannot be considered. | ||||||
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Please submit with this application a schedule of all liquidation appointments on which you have worked during the period of 10 years immediately preceding 1 June 2015. | ||||||
The schedule should state in respect of each such appointment: | ||||||
• Name of company; | ||||||
• Date of appointment; | ||||||
• Whether the appointment was a Members’ Voluntary liquidation, Creditors’ Voluntary Liquidation or a Winding up by --the Court; and | ||||||
• Your role in relation to the liquidation (e.g. Whether you were the liquidator appointed or were working for the liquidator and if so what was the nature of your role). | ||||||
You should also provide an outline of key actions taken by you in relation to your work on the winding up of companies that demonstrates your knowledge and experience in this regard. This should include examples of legal proceedings taken such as restriction or disqualification applications, reckless or fraudulent trading actions, asset recoveries, etc. | ||||||
Part B.2 — Education and Training | ||||||
If available, please include any information on education and training which may assist us in evaluating your application. In each case, include documentation evidencing the items included. | ||||||
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Part B.3 — References | ||||||
You are required to supply two technical references and one character reference, none of whom should be related to you. References should be current (within the last 3 months) and relate specifically to your application for authorisation as a liquidator. | ||||||
• Your technical referees should be individuals who have knowledge of your experience of the winding up of companies and knowledge of the law applicable thereto; and | ||||||
• Your character reference should be given by someone outside your business firm. | ||||||
Part B.4 — Fitness and Probity | ||||||
The following questions are to be answered by entering a YES/NO in the “Response” box below. In any case where the response to a question is YES, full details should be given on a separate sheet and referenced to the appropriate question. | ||||||
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Part B.5 — Complaints | ||||||
Please provide: | ||||||
(a) your procedures for dealing with complaints made to you in relation to your conduct in the winding up of companies; | ||||||
(b) details of any such complaints which have been made to you in the past 5 years and how the complaint was resolved; and | ||||||
(c) details of any complaints made against you in relation to your conduct in the winding up of companies within the past 5 years, including details of the person to whom the complaint was made and how the complaint was resolved. | ||||||
PART C — Professional Indemnity Insurance | ||||||
If you have professional indemnity insurance (‘PII’), please provide the following information and attach a copy of your Pll policy schedule. | ||||||
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If ‘No’ you must submit written confirmation from an insurer authorised to carry on business in the State that it will provide the necessary required level of Pll cover to you, should you be authorised as qualified for appointment as a liquidator of a company. | ||||||
PART D- Any other matters of relevance | ||||||
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Part E — Applicant’s Statutory Declaration | ||||||
1) I, ______________ , [insert applicant’s full name] apply for authorisation to be qualified for appointment as a liquidator pursuant to paragraph (5) of the Table to Section 633 of the Companies Act 2014 on the basis of information supplied on this form and any additional information supplied to the Irish Auditing and Accounting Supervisory Authority (“IAASA”) in connection with this application. | ||||||
2) I acknowledge that IAASA may process and disclose such information in the performance of its statutory functions or otherwise as may be specifically authorised by law. I understand that IAASA may seek verification from third parties of any matters pertinent to a proper consideration of my application, including the seeking of information from any professional or similar body of which I am or previously have been a member and I hereby consent to the disclosure by such third parties to IAASA of any such information. | ||||||
3) I warrant that I have truthfully and fully answered the relevant questions in this application and disclosed any other information which might reasonably be considered relevant for the purpose of this application. | ||||||
4) I am aware that it may be grounds for refusal of my application and/or grounds for revocation of an authorisation granted on foot of this application to knowingly or recklessly: | ||||||
a) provide false or misleading information and/or to make a false or misleading statement (which I acknowledge may include the withholding by me of relevant information) in this application for approval and/or; | ||||||
b) fail to inform and/or withhold from IAASA details of any material change in circumstances/new information which is relevant and/or material to this application. | ||||||
5) I am aware of the provisions section 876 of the Companies Act 2014 , which details the offence of providing false information. | ||||||
6) I undertake that I will promptly notify IAASA of any changes in the information I have provided and supply any other relevant information, which may come to light in the period during which the application is being considered. | ||||||
7) I undertake to comply with all applicable rules or guidelines issued by IAASA under section 906(3) of the Companies Act 2014 . | ||||||
8) I am aware of the provisions of the Companies Act 2014 , and any regulations made under it, which relate to the winding up of companies, and reasonably believe that I can meet the requirements of those provisions. I have sufficient organisational resources including finances, staffing, IT infrastructure, and capability to fulfil my duties as a liquidator. | ||||||
I, ______________ [insert applicant’s full name], do solemnly and sincerely declare that I have disclosed all facts and circumstances which are relevant to the consideration of my application for authorisation to be qualified for appointment as a liquidator and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 . | ||||||
Signed: ______________ | ||||||
[insert applicant’s full name] | ||||||
Declared before me…………...............................[name in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [person authorised by [insert authorising statutory provision].......................................... to take and receive statutory declarations] by [insert applicant’s full name] | ||||||
[who is personally known to me], | ||||||
or | ||||||
[who is identified to me by C.D. who is personally known to me] | ||||||
or | ||||||
[whose identity has been established to me before the taking of this Declaration by the production to me of | ||||||
passport no. [passport number] issued on [date of issue] by the authorities of [issuing state], which is an authority recognised by the Irish Government] | ||||||
or | ||||||
national identity card no. [identity card number] issued on [date of issue] by the authorities of [issuing state] [which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement] | ||||||
or | ||||||
[Aliens Passport no. (document equivalent to a passport) [passport number] issued on [date of issue] by the authorities of [issuing state] which is an authority recognised by the Irish Government] | ||||||
or | ||||||
refugee travel document no. [document number] issued on [date of issue] by the Minister for Justice, Equality and Law Reform] | ||||||
or | ||||||
travel document (other than refugee travel document) [document no.] issued on [date of issue] by the Minister for Justice, Equality and Law Reform | ||||||
at.................................................[place of signature] | ||||||
this...…..day of……………......[date] | ||||||
..................................................... | ||||||
[signature of witness] | ||||||
Part F — Supporting Documents | ||||||
Please tick the relevant box to confirm you have included the document with your application. | ||||||
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EXPLANATORY NOTE | ||||||
(This is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||
The purpose of these Regulations is to prescribe the application form for the purposes of paragraph 5 of the Table to section 633 of the Companies Act 2014 . | ||||||
1 Note that members of prescribed accountancy bodies (as defined in s 900(1) of the |