Revenue eBrief No. 085/22
Examinership Caseworking Guidelines
Tax & Duty Manual (TDM) Examinership Caseworking Guidelines has been updated to reflect the extension of The Companies (Miscellaneous Provisions) (Covid-19) Act 2020 to 30 April 2022. The Act provides for the extension of an examinership by application to the Court to 150 days (previously 100 days).
1.2 Conditions to place a Company into Examinership
Section 508-558 Companies Act 2014 deal with Examinership. The main conditions that must be met when petitioning to place a company into Examinership include:
* The company must be insolvent and unable to pay their debts as they fall due;
* There is no resolution for the winding up of the company and no order has been made for the winding up of the company;
* No receiver has been appointed within the previous 3 days to the company petitioning for the appointment of an Examiner;
* The company has no obligations in relation to a bank asset that has been transferred to the National Asset Management Agency (NAMA), or if the company has such an obligation – (i) a copy of the petition has been served on that agency and (ii) the Court has heard that Agency in relation to making of the order;
* There must be a reasonable prospect of survival of the company as a going concern.