Court Applications under the Companies Acts



By: Mahmud Samad

Court Applications under the Companies Acts

Published: 31-10-2013

Format: Hardback


Court Applications under the Companies Acts (originally titled: 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 Courts concerning liquidation and examinership and substantial changes to the law from the 2012 Companies Bill.


Contents include


-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


-Powers and duties of examiner



Table Of 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' Duties

-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

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