Written answers
Wednesday, 8 June 2016
Department of Public Expenditure and Reform
Company Law
Thomas Byrne (Meath East, Fianna Fail)
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364. To ask the Minister for Public Expenditure and Reform the procedure by which directors of a company that is no longer on the register can begin to take in charge the assets of the former company. [14395/16]
Paschal Donohoe (Dublin Central, Fine Gael)
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Depending on the circumstances of the case, the directors of a company that is no longer on the register may be in a position to apply under companies legislation to have the company restored. This will enable them to deal with the assets on behalf of the company.
In exceptional circumstances, where restoration is not permissible under companies legislation and evidence is provided that the assets of the former company have vested in the State under Section 28 of the State Property Act 1954, the Minister for Public Expenditure and Reform would be in a position to exercise his discretion under Section 31 of the Act and grant a waiver of assets.
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