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Examinership questions

  • 02-03-2017 10:14pm
    #1
    54and56
    Registered Users, Registered Users 2 Posts: 7,742 ✭✭✭


    Hi all,

    I ran this past Mod Nuac and explained this is a hypothetical study project and not an actual situation and he's given me the OK to as so here I go.

    Looking for a bit of a steer on protocol/rules relating to an Examinership.

    1. Can the legacy shareholders of a company in examinership set up a NewCo and use NewCo to invest in the company as part of a scheme of arrangement?

    2. If #1 above isn't permitted can siblings, children or other family members of the shareholders of a company in examinership set up a NewCo and use NewCo to invest in the company as part of a scheme of arrangement?

    3. Is the Examiner obliged to declare in the scheme of arrangement documentation and/or during the court hearing to approve same that the owners or beneficial owners of the company making the investment into the company in Examinership are the legacy shareholders of the company in Examinership or connected family members of those shareholders?

    4. Is the final Scheme of Arrangement a public document which can be accessed via www.courts.ie or is it only available to creditors of the company in Examinership?

    Would appreciate any feedback you can give me on this.


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