An Examinership is a process by which a company’s affairs are restructured while under the protection of the Court to enable a company to successfully emerge from insolvency and thereby avoid the additional losses to stakeholders that arise from a liquidation or receivership. An examiner is appointed by way of a petition to the relevant Court. Smaller companies can petition their local circuit court however larger companies will generally have to petition the High Court. The determining factors in identifying the applicable Court are as follows:
- Balance sheet not exceeding €4.4million
- Turnover not exceeding €8.8million
- Number of employees not exceeding 50
A Company that satisfies two of the three conditions above are entitled to apply to their local circuit Court for protection.
At its simplest, examination involves an investor refinancing the Company and generally
- Creditors receiving a % distribution in full and final settlement of the outstanding debt and
- Shareholdings being diluted or completely compromised
The petition to appoint an Examiner must be supported by a Report by an Independent Accountant who must confirm that the Company has a reasonable prospect of survival.
The Examinership process is highly thought off and highly effective in helping suitable companies emerge from financial difficulties.
How Outlook Accountants can help?
Mícheál Leydon has vast experience of the Examinership process and if you wish to discuss the Independent Experts Report, the Examinership process or corporate restructuring generally, please contact Mícheál Leydon.
Phone: +353-1-55 44 005 or Email: email@example.com