New Companies Act 2009
New duties of directors
Director’s residency requirements changed
Transactions with directors, disclosure obligations
Expanded powers of the ODCE
Debt Recovery & How to Get Paid?
Receivership
Getting creative with the companies acts and rules!
Getting judgement
Personal guarantees
The Sheriff
Sequestration, attachment and committal to prison
Discovery in aid of execution
Garnishee
Receiver by way of equitable execution
Judgement mortgage
Insolvency: the Basics Explained
The definition of insolvency
The role of the insolvency practitioner
The effect of formal insolvency on:
*The Debtor
*The Creditor
The New Apartment Company Law
The Multi-Unit Development Bill 2009
Mandatory transfer of common areas
New transfer & voting rules
The "OMC", Owners Management Company
New sinking fund & service charge rules
House rules
The courts and resolution of disputes
New strike off provisions
The Different Types of Winding up
The practice and procedure here
A step-by-step guide
The Members Voluntary Liquidation
The Creditors Voluntary Liquidation
Official Liquidation
Voluntary Dissolution
Involuntary Dissolution
What to do at a Creditors Meeting
The Solvency Test!
Finding a liquidator
Calling in the creditors
The formalities, the paperwork
Proxies, the nitty-gritty issues that arise
proof of debt
information to be made available at the meeting
How to conduct a proper meeting
21 killer Issues to raise at a creditors meeting
Putting the top table under pressure
The Section 214 Statutory Demand
When can it be used?
When and how to serve?
Getting it right!
The High Court Winding up Petition
Can you pass the test?
Preparing the application
When to advertise?
Taking over somebody else's application
Who will pay your costs?
Can you withdraw the Petition?
Your chances of success?
Priorities of Paying out in the Liquidation?
Who gets paid first?
Secured creditors,
Preferential creditors
Fixed charge holders
Floating charge holders
Unsecured creditors
The members, when are they paid |
The Office of the Director of Corporate Enforcement
Can they help?
Their role in the insolvency process?
The Section 56 Report
Mandatory whistleblowing
Loans to directors
Alternatives to Liquidation/
Turnaround
The Informal Arrangement
The Section 251 application
creditors get similar powers to
liquidators without putting
the company into liquidation
Examinership
When, Why & How?
First contact
The viability test
The cost & procedure
The Birchport case, good or bad news?
Quick review of the latest examinership cases
Your chances of success?
Consequences for creditors?
Making Somebody Bankrupt!
What's involved
The costs
The timescale
The implications and the possible end result
Supreme Court decision, Harrahill & Cuddy
The alternative to Bankruptcy?
The Court Protected and Supervised Arrangement
Acting for Liquidators & Company Directors
They need lots of assistance and advice
The court applications
The examiner's list applications
Bringing & defending Sections 150 & 160 cases
The Forthcoming Companies Bill 2009
Implications for insolvent companies
New company types
The proposed new "Micro Company" and "OMC"
Restriction & Disqualification of Directors
What the Supreme Court said in Tralee Beef & Lamb?
What they said about books and records in Dublin Sports Cafe?
Why they reversed the High Court decision in the Byrne case
Why over 2700 directors have been disqualified?
The Panabridge Decision
ODCE v McDonnell
The Sallyview Estates decision, Directors will pay!
Why over 100,000 directors are eligible to be banned?
Do any of these owe you any money?
Making Directors Personally Liable
Creditors are angry, they want heads to roll!
Are directors exposed ?
The PSK and Dev Oil Cases?
Swedex Windows & Doors
Fraudulent preference
Loans to Directors
Misfeasance & Breach of Duty
Dangerous times ahead for company directors!
Enforcement of Court Orders Act 2009
The McCann Case
Amendment of the 1940 Act
The new Sections 6 & 8
New provisions to grant an imprisonment order
New entitlement to Legal Aid
ADR provisions for creditors and debtors
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