Receivership

Please Note:

Since March 2022, the E8, E9 and E11 Forms can only be submitted to the CRO through CORE. Postal submissions received by the CRO after this date will be returned for online submission.

 
A notice of appointment of receiver, through the submission of a Form E8, must be filed with the CRO within seven days of appointment and must also be published in Iris Oifigiúil.

Once a receiver is appointed all invoices, orders for goods and business letters issued by or on behalf of the company must contain a notice to that effect.

Where a receiver is appointed on behalf of debenture holders, who are secured by a floating charge, a statement of the company’s affairs (Form E10) must be submitted to the receiver who must file a copy of same with the CRO.

The receiver must file abstracts of their receipts and payments on Form E9, for each six-month period from the date of their appointment, and any lesser final period up to the date they cease to act. A notice of ceasing to act must then be filed on Form E11.

Please Note: All receivership documents have filing fees of €15.

Upon cessation, unless the company is already in liquidation, a statement by the receiver, is required under Section 430 of the Companies Act 2014, to assert whether, at the date of cessation, the company was solvent. This statement is filed with the final receivers abstract. This statement is forwarded by the CRO to the Corporate Enforcement Authority

Link to CORE.

Link to Forms Page

Since Wednesday 22 March 2017 the use of the following Company Status Description on the Register has been discontinued:

Receivership
“Receivership” means that a Notice of Appointment of Receiver (a Form E8), as per Section 436 of the Companies Act 2014 has been filed with the CRO in respect of part or all of the property of the company, which property may or may not be beneficially owned by the company.

The Status Description above has been replaced with the Status Description “Normal”.

Receiver/Liquidator
The Status Description “Receiver/Liquidator” has been replaced with the Status Description “Liquidation”

Companies in respect of which a Notice of Appointment of Receiver (Form E8) has been filed have a Note on the company record which indicates that Form E8 (Notice of Appointment of Receiver), as per Section 436 of the Companies Act 2014, has been filed with the CRO in respect of part or all of the property of the company, which property may or may not be beneficially owned by the company.

The status description of all such companies is changed to “normal”.

These changes to the Register are to give effect to an Order of the Court as a result of litigation brought by a company, Independent Trustee Company Limited (“ITC”) to prevent the Registrar from registering the Notice of Appointment of a Receiver and altering the status of ITC from “normal” to “Receivership”. ITC further sought a declaration that provisions of the Companies Acts relating to notification of the appointment of a receiver should not apply to it because it was a trustee company and had no beneficial interest in the property over which the receiver was appointed. The company’s claims were dismissed by Justice Hunt in his Judgment of 16 January 2015.

The company appealed to the Court of Appeal. The Court of Appeal, in its Judgment dated 21 October 2016, upheld the ITC’s appeal in part. The Court found that the Registrar is entitled to register the E8 received in respect of the receivers appointed but the Registrar is not permitted to change the status of ITC from “normal” to “receivership”. The Court found the designation of “receivership” implied incorrectly that there has been a change in the corporate status of a company by reason of the appointment of a receiver to a part of the property of ITC. The Court upheld the Registrar’s authority to summarise in a clear way the fact of notifications including that of the appointment of a receiver to all or part of the property of a company, including that of which it is the legal owner and holds on trust, and in the summary to direct a person to the form of notification for the relevant details.

To view the judgements mentioned above, please click here.

Receivers and Form B2
A receiver is not an officer of a company but instead is appointed over the relevant property of the company and accordingly has no authority to sign statutory filings with CRO on behalf of a company, for instance, a Form B2 to change the registered office.

Statutory filings on behalf of companies are required to be signed by a director or secretary of the company or where the company is in liquidation, by the liquidator of the company. The only exception to this is NAMA-appointed receivers (‘statutory receivers’); under the NAMA legislation, statutory receivers are given power to notify CRO of a change in the registered office of any company over whose property he/she has been appointed as statutory receiver.

A B2 Form signed by a statutory receiver notifying a change in the registered office of the company over whose property he/she has been appointed receiver is registrable by CRO on that basis.