Guidance

Statement of company’s affairs

When a receiver or receiver-manager is appointed, the company is obliged to prepare and deliver to the receiver or receiver-manager a statement of the company’s affairs within fourteen (14) days from the date of notification of the appointment of the receiver or receiver-manager.

Within two (2) months from receipt of statement, the receiver or receiver-manager is obliged to deliver the aforementioned statement for registration with the Registrar of Companies.

Filing of statement of company’s affairs

The statement of company’s affairs is filed by submitting form HE39 (if the receiver/receiver- manager is appointed by a creditor) or form HE40 (if appointed by court), by hand/post. The document must be accompanied by:

• a letter from the receiver or receiver-manager with any of his/her comments;
• a balance sheet; and
• a fee of twenty euros (€20) payable in cash, by cheque, via an account maintained with the Department of the Registrar of Companies, or via bank transfer. If the accelerated procedure is required an additional fee of twenty euros (€20) must be paid.

You are advised to refer to the main criteria of review and to the most common reasons for rejection, so as to acquire a better understanding of what is required and to facilitate the process further.

Provided that the Registrar of Companies is satisfied that all, relevant to the circumstances, legal requirements have been met, he will proceed with registering the statement of assets and updating the companies register.