Companies Act 2014 section 712

Confirmation of creditors' voluntary winding up

Section 712 provides a mechanism for the liquidator in a creditors' voluntary winding up to obtain formal court confirmation of that winding up for the purposes of the EU Insolvency Regulation, where the company's centre of main interests is in Ireland.

• Where a liquidator has been appointed in a creditors' voluntary winding up and the company's centre of main interests is in Ireland, the liquidator may apply to the Master of the High Court to confirm the winding up for EU Insolvency Regulation purposes.
• The application must be made using the prescribed form and accompanied by the prescribed fee.
• Once the winding up is confirmed, the Master of the High Court must issue a certificate of confirmation.
• This confirmation is relevant where there is a cross-border dimension, as the EU Insolvency Regulation governs the recognition of insolvency proceedings across EU member states.