By:Mahmud Samad

ISBN13: 9781780432229
Published: October 2013
Format: Paperback

Court Applications under the Companies Acts , (announced as Irish Company Law: Practice, Procedure and Precedents) covers company law litigation and focusses on procedure as well containing commentary on the law. Each chapter looks at specific company law applications.

The book includes new case law in the area of liquidation and examinership, the new rules of the superior court concerning liquidation and examinership and substantial changes to the law from the 2011 Companies Bill.

Includes coverage of:-

Incorporation of company
Restoration of company to the register
Restoration of company to the register: Annulling a winding up order
Registration of charges
Late registration of charges
Unliquidated Insolvent Companies
Cross-examination of officers of the company
Section 205: Remedies for oppression of minority shareholders
Derivative Actions and the rule in Foss v. Harbottle
The Insolvency Regulation
Voluntary winding up
Compulsory Winding up of insolvent company
Winding up by the Court
Powers and duties of liquidator
Committee of inspection
Restriction of company directors
Avoiding restriction
Disqualification of company director
Reckless and fraudulent trading
Avoidance of certain transactions on a winding up. Application for final orders Examinership
Powers and duties of examiner
Receivership

Contents:
Chapter 1: Introduction to Court Applications under the Companies Acts
Chapter 2: Articles, Memorandum and Corporate Capacity
Chapter 3: Shares, Class Rights and Shareholders’ Remedies
Chapter 4: Capital Maintenance
Chapter 5: Directors’ Dutiesm, Contents Court Applications under the Companies Acts
Chapter 6: Section 205: Minority Shareholders: Oppression and Disregard of Interests
Chapter 7: Derivative Actions
Chapter 8: Unliquidated Insolvent Companies
Chapter 9: Receivership
Chapter 10: Registration of Charges
Chapter 11: Compromises, Arrangements and Compulsory Acquisitions
Chapter 12: Examinership
Chapter 13: Powers and Duties of Examiner
Chapter 14: Company Inspections and Inquiries
Chapter 15: Voluntary Winding Up
Chapter 16: Compulsory Winding Up
Chapter 17: Compulsory Winding Up of Insolvent Companies
Chapter 18: Powers and Duties of Liquidator
Chapter 19: Committee of Inspection
Chapter 20: Cross-examination of Certain Persons on a Winding Up
Chapter 21: Realisation of Assets on a Winding Up
Chapter 22: Reckless and Fraudulent Trading
Chapter 23: Restriction of Company Directors
Chapter 24: Challenging Restriction
Chapter 25: Disqualification of Company Directors and Officers
Chapter 26: Company Restorations
Chapter 27: Avoiding Company Dissolution
Chapter 28: Security for Costs
Chapter 29: Applications Concerning Public Limited Companies
Chapter 30: Court Applications under the Companies (Auditing and Accounting) Act 2003
Chapter 31: EU Insolvency Regulation
Appendix 1: Practice Direction of the Irish High Court
Subject: Restriction of Company Directors
Appendix 2: Practice Direction of the Irish High Court
Subject: Winding Up Applications