Article 4.30 Final account prior to dissolution (section 106)
The final account which the liquidator is required to make up under section 106(1) M1 and deliver to members and creditors must comply with the requirements of rule 7.9.
When the account is delivered to the creditors it must be accompanied by a notice which states—
that the company's affairs are fully wound up;
that a creditor may object to the release of the liquidator by giving notice in writing to the liquidator before the end of the prescribed period;
that the prescribed period is the period ending 28 days after delivery of the notice;
that the liquidator will vacate office under section 171 on delivering to the registrar of companies and AiB the final account and notice saying whether any creditor has objected to release; and
that the liquidator will be released under section 173 M2 at the same time as vacating office unless any of the company's creditors objected to the liquidator's release.
The copy of the account which the liquidator delivers to the registrar of companies and AiB under section 106(3)(a) must be accompanied by a notice containing the statement required by section 106(3)(b) of whether any creditors have objected to the liquidator's release.
Where a creditor has objected to the liquidator's release rule 4.29 applies to an application by the liquidator to the Accountant of Court for release.
The liquidator is not obliged to prepare or deliver any progress report which may become due under these Rules in the period between the date to which the final account is made up and the date when the account is delivered to the registrar of companies and AiB under section 106(3)(a).
Annotations
Marginal citations
- M1
New section 106 is prospectively substituted by paragraph 29 of schedule 9 of the 2015 Act.
- M2
Section 173(2)(d) is prospectively amended and a new (2)(a), (b) and (e) and (2A) inserted by paragraph 44 of schedule 9 of the 2015 Act.