Companies Act 2014 section 558H

Process adviser's duty to determine relevant court

Section 558H requires a process adviser appointed to an eligible small or micro company to decide whether court proceedings under the rescue process should be brought in the Circuit Court or the High Court, taking into account cost, efficiency, and other relevant factors.

• The process adviser must determine whether proceedings should be heard in the Circuit Court or the High Court, with a presumption in favour of the Circuit Court to keep costs down.
• The decision must weigh the need to minimise costs, achieve an efficient and speedy conclusion, and consider any other relevant matters.
• Before making this determination, the process adviser is required to consult with the directors of the eligible company.
• Circuit Court jurisdiction is exercised by the judge for the circuit where the company's registered office or principal place of business is located, or by the Dublin Circuit if there is no registered office and the principal place of business is outside the State.