Whoops

Fred Cohen

Where to start with this one?

http://www.irishtimes.com/newspaper/breaking/2011/0321/breaking48.html

A company now in NAMA is suing a semi-state company. It now seems that the plaintif's company secretary resigned in Nov 2010 and the director(s) resigned in Jan 2011 just before the Collector General launched proceedings

http://www.irishtimes.com/newspaper/finance/2011/0317/1224292404474.html

From commerce lessons twenty odd years ago

1. Company secretaries are appointed by the directors.
2. Directors are elected by a shareholders meeting
3. which is called by the company secretary (AGM/EGM)

So how does this company re-become a legal entity.

Is there any precedent for a scenario like this

Tom Young

The or a company remains a legal entity once it remains on the Register of Companies. It is conceivably possible that the above remain in being and on the register. I have not read the second link! So on that basis the or a company remains extant. The formalities are not in order in terms of other aspects of Company Law though. The or a company has Memorandums and articles of association governing such things. If a company is struck off and or wound up the process of restoration is done on application to the High or Circuit Court. Generally this is done where debt collection processes are concerned. The Circuit application is more cost efficient. Turns on the facts in every case.