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Court Applications under the Companies Acts

Court Applications under the Companies Acts

Author: Mahmud Samad
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781780432229
Published In: November 2013
Format: Paperback , 840 pages
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Court Applications under the Companies Acts (originally titled: Irish Company Law - Practice, Procedure and Precedents)

The Companies Acts 1963-2012 contain over 200 court applications, ranging from applications vindicating the rights of minority shareholders to the winding up of companies for failure to pay their debts. The object of this text is to provide a discussion of every application, focusing not only on the applicable legal principles, but the procedure involved in issuing and prosecuting proceedings. This includes discussion of: the proofs for each application; the necessary documentation (including the content of affidavits, petitions and notices) for every application; service of proceedings; time limits; defences, costs etc. The book guides readers through the steps involved in making each court application and, as such, serves as a practical and unique resource to legal practitioners – or indeed anyone else - contemplating litigation under the Companies Acts.

In addition to providing a thorough and up-to-date analysis of the law (including statutes, rules of court, practice directions and case law from key jurisdictions) and in-depth discussion of practice and procedure, “Court Applications under the Companies Acts” contains a generous collection of detailed precedents for specific applications. The precedents are based on real applications coming before the courts and have been contributed by the author and other legal practitioners. Finally, each chapter sets out the key amendments to be introduced by the Companies Bill 2012 to the applications discussed in that chapter. It is hoped that this will facilitate practitioners in making a smooth transition once the Bill is enacted into law.

Chapter 1: Introduction to Court Applications under the Companies Acts
Chapter 2: Articles, Memorandum and Corporate Capacity
Chapter 3: Shares, Class Rights and Shareholders’ Remedies
Chapter 4: Capital Maintenance
Chapter 5: Directors’ Duties
Contents Court Applications under the Companies Acts
Chapter 6: Section 205: Minority Shareholders: Oppression and Disregard of Interests
Chapter 7: Derivative Actions
Chapter 8: Unliquidated Insolvent Companies
Chapter 9: Receivership
Chapter 10: Registration of Charges
Chapter 11: Compromises, Arrangements and Compulsory Acquisitions
Chapter 12: Examinership
Chapter 13: Powers and Duties of Examiner
Chapter 14: Company Inspections and Inquiries
Chapter 15: Voluntary Winding Up
Chapter 16: Compulsory Winding Up
Chapter 17: Compulsory Winding Up of Insolvent Companies
Chapter 18: Powers and Duties of Liquidator
Chapter 19: Committee of Inspection
Chapter 20: Cross-examination of Certain Persons on a Winding Up
Chapter 21: Realisation of Assets on a Winding Up
Chapter 22: Reckless and Fraudulent Trading
Chapter 23: Restriction of Company Directors
Chapter 24: Challenging Restriction
Chapter 25: Disqualification of Company Directors and Officers
Chapter 26: Company Restorations
Chapter 27: Avoiding Company Dissolution
Chapter 28: Security for Costs
Chapter 29: Applications Concerning Public Limited Companies
Chapter 30: Court Applications under the Companies (Auditing and Accounting) Act 2003
Chapter 31: EU Insolvency Regulation
Appendix 1: Practice Direction of the Irish High Court
Subject: Restriction of Company Directors
Appendix 2: Practice Direction of the Irish High Court
Subject: Winding Up Applications