Dáil Éireann Debate, Tuesday - 16 July 2013
184. Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 109 of July 2013, the basis on which the Special Liquidators have two years from the date of their appointment to make filings in the Companies Registration Office. [34230/13]
View answer185. Deputy Pearse Doherty asked the Minister for Finance if he will confirm the filing obligations of the special liquidators of Irish Bank Resolution Corporation in the Companies Registration Office since the date of their appointment. [34231/13]
View answer186. Deputy Pearse Doherty asked the Minister for Finance if the special liquidators of Irish Bank Resolution Corporation have complied with all their obligations to file in the Companies Registrations Office since the date of their appointment; and, if not, the specific filing obligations that have not been complied with. [34232/13]
View answer187. Deputy Pearse Doherty asked the Minister for Finance the specific filings that have been made in the Companies Registration Office by the special liquidators of Irish Bank Resolution Corporation since the date of their appointment. [34233/13]
View answerI propose to take Questions Nos. 184 to 187, inclusive, together.
In responding to these questions, the Special Liquidators have advised that consideration has to be given, not only to the Companies Acts, 1963 – 2012 (the Companies Acts), but also the Irish Bank Resolution Corporation Act, 2013 (the IBRC Act), the Ministerial Instructions issued to the Special Liquidators under the IBRC Act on 7 February 2013 and 10 May 2013 respectively (the Ministerial Instructions), the Rules of the Superior Courts (the Court Rules) and EC (Reorganisation and Winding up of Credit Institutions) Regulations, 2011 (CIWUD), in accordance with which IBRC is being wound up.
The IBRC Act has modified or disapplied some provisions of the Companies Acts which would apply in the normal course to an ordinary official liquidator.
Per Section 306 of the Companies Act 1963 and per Order 74, rule 130 of the Superior Courts, the Special Liquidators will file a statement “commencing at the date the Liquidator was first appointed and brought down to the end of the two years from the commencement of the winding up” and subsequent statements will be sent “at intervals of one year”.
The Special Liquidators have confirmed that they have complied with all obligations to file in the CRO (Companies Registration Office) to date.
Per Section 227 of the Companies Act 1963, the Special Liquidators are required, within 21 days after their appointment to publish in the CRO Gazette a notice of their appointment and to deliver to the registrar of companies a copy of the Court Order appointing them. The Special Liquidators confirm that the E60 (Irish Bank Resolution Corporation Act 2013 (Special Liquidation) Order 2013) was received by the CRO on 7 February 2013.
In addition to the E60, the Special Liquidators have confirmed that other filings made in the CRO since their appointment are:
1 B2 – change in registered office (at 11 February 2013);
2 Amended Memorandum and Articles (at 6 February 2013) – the insertion of Article 41A to the Articles of Association; and
3 G1 – Special Resolution (at 6 February 2013); Notice that the insertion of Article 41A to the Articles of Association was passed as a special resolution of the Company.
