Written answers
Thursday, 24 November 2011
Department of Enterprise, Trade and Innovation
Company Law
5:00 pm
Jerry Buttimer (Cork South Central, Fine Gael)
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Question 111: To ask the Minister for Jobs, Enterprise and Innovation in view of the high cost of company examinership procedures and that such costs effectively preclude many companies from using this option, if he will consider allowing examinership to be carried out at Circuit Court level for companies with turnovers below a certain predetermined level; and if he will make a statement on the matter. [36172/11]
Richard Bruton (Dublin North Central, Fine Gael)
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Section 3(9)(a) of the Companies (Amendment) Act 1990 provides, in the context of an application to the High Court for the appointment of an examiner to a company, that where it appears to the High Court that the total liabilities of the company (taking into account its contingent and prospective liabilities) do not exceed €317,434.52, the High Court may order that the matter be remitted to the judge of the Circuit Court in whose circuit the company has its registered office or principal place of business. I am positively disposed to substantially increasing this current threshold of €317,434.52 in the context of the forthcoming Companies Bill which is currently being progressed by my Department in conjunction with the Office of the Parliamentary Counsel.
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