Dáil debates

Thursday, 12 December 2013

Companies (Miscellaneous Provisions) Bill 2013 [Seanad]: Report and Final Stages

 

11:20 am

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Independent) | Oireachtas source

I might be pushing my luck, but I wish to make two points. First, all of the examiners with whom I spoke stated that they had not been consulted, although I am sure the stakeholders were.

Second, if I am interpreting the Minister correctly, he stated that the idea of an estimate of upfront fees would almost exclude the company from entering into a negotiating process and close collaboration with the examiner. However, this is precisely how receiverships and liquidations work, in that an estimate must be laid before the court at the beginning of the process. I cannot understand why examinerships should be different. It makes no sense. I am not referring to a prescriptive fee estimate, but it would be an estimate none the less that would guide the court at a later point in determining whether the fees ultimately presented to it were reasonable. This sensible and logical proposal is already the standard practice in receiverships.

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