Patrick O'Donovan (Limerick, Fine Gael)
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Question 31: To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 369 of 29 November 2011, if in a situation in which a property management company has gone into liquidation and the housing estate has not been taken in charge by the local authority, if he will confirm that the legal responsibility for the ongoing maintenance and carrying out of repairs lies with the liquidator. [39161/11]

Richard Bruton (Dublin North Central, Fine Gael)
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The main legislative provisions governing liquidation under the Companies Acts are Part VI of the Companies Act 1963, Part VI of the Companies Act 1990 and Part 5 of the Company Law Enforcement Act 2001. In general the liquidation of a company is the process whereby the assets of a company are collected and disposed of and the resulting proceeds are applied, if there are sufficient funds, in discharging all its debts and liabilities. The balance, if any, which remains after paying the costs and expenses of a liquidation is distributed among the members of the company according to their rights and interests or as set out in the company's constitutional documents.

Under company law a liquidator can be appointed either by the company's members, its creditors or by a Court depending on the type of liquidation being carried out (i.e. members or voluntary winding up, creditors winding up, or court or compulsory winding up). In a liquidation, as a matter of law, the priority of a company's creditors is as follows:

§ the Revenue Commissioners, in respect of deductions from employees' salaries in respect of social welfare contributions of employees;

§ the Revenue Commissioners in respect of PAYE and VAT, in respect of moneys recovered from the holder of a charge which includes a fixed charge over book debts;

§ creditors secured by a pledge, lien, mortgage or fixed charge in respect of assets the subject of such security;

§ creditors whose debts are preferential payments under section 285 of the Companies Act 1963, as amended, and other complementary legislation;

§ creditors secured by a floating charge in respect of assets the subject of such security; and

§ unsecured creditors.

Additionally there are the relevant Court Rules which contain the administrative winding up rules for companies.

Responsibility for legislation in relation to property management companies is a matter for my colleague the Minister for Justice and Equality.

The interpretation of the law as it relates to liquidators is a matter for the Courts and I have no direct function in this regard.