Companies Act 2014 section 558ZY

Process adviser: remuneration, costs and expenses

Section 558ZY sets out how a process adviser appointed to an eligible small or micro company is to be paid, how their costs and expenses are met, and the expectation that they make use of the company's own staff and facilities.

  • The court may make orders for payment of the process adviser's remuneration, costs and reasonable expenses, which are normally met from the company's business revenue or from asset sale proceeds.
  • A process adviser may engage outside help to perform their functions, but must, so far as reasonably possible, make use of the company's existing staff and facilities.
  • If the process adviser does not use the company's staff and facilities, the court may request a written report explaining why not.
  • When reviewing the process adviser's costs, expenses and remuneration, the court must have particular regard to whether the company's own resources were used, and to any written report provided on this point.

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