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Click
here to download PROCEDURE in pdf format
Click here
to view draft AFFIDAVIT 'A'
Click here
to view draft AFFIDAVIT 'B'
| Procedure
for obtaining court approval for fees as Administrator/Provisional
Liquidator/Liquidator |
||
| 1. |
A Notice in accordance with Supreme Court Corporations Form 16,
together with a copy of the affidavit to be relied upon (See Affidavit
A) in the application, must be sent to the following: |
|
| (a) | If it is Administrator’s Fees | |
| (i) | to
each creditor who was present, in person or by proxy, at the meeting
of creditors which failed to approve the fees under Section 449E; |
|
| (ii) | to each member of any committee of creditors; | |
| (iii) |
to each member of the company whose shareholding represents 10%
of the issued capital. |
|
| (b) | If it is liquidator’s or provisional liquidator’s fees | |
| (i) | to
any liquidator (in the case of an application by a provisional
liquidator); |
|
| (ii) | to
each creditor present, in person or by proxy, at the meeting held
pursuant to Section 473(4); |
|
| (iii) | each member of any committee of inspection; | |
| (iv) |
to each member of the company whose shareholding represents 10%
of the issued capital. |
|
| 2. | 21
days after service of that Notice and Affidavit, the application
and Affidavit A can be filed. In addition an Affidavit of Service
(Affidavit B) should also be filed. The application should be
prepared and filed by your solicitors. |
|
| 3. |
If any person has objected to the fees, then the application is
to be served on those parties. Generally, the application is dealt
with without the need for any attendance in Court although it
is not unusual to receive requisitions from the Registrar prior
to a figure being approved. |
|
If you would like further assistance please contact Stephen Mullette of our Insolvency Team.
.
.