Examiner Appointed To Non-EU Company With COMI In Ireland

• Published date: 18 July 2023
• Law Firm: William Fry
• Author: Mr Ruairi Rynn, Barbara Galvin and Simona Mulligan

A previously unsettled aspect regarding the High Court's (Court) jurisdiction to appoint an examiner to a company which is not formed or registered under the Companies Act 2014 (2014 Act), has been considered in the recent case of In the matter of MAC Interiors Ltd [2023] IEHC 395.

The judgment of Mr Justice Quinn, for the first time confirms the Court's jurisdiction to appoint an examiner under Section 509 of the 2014 Act, in main proceedings in accordance with Article 3.1 of the EU Insolvency Regulation Recast, EU 2015/848 (EIR Recast) which has direct effect in Ireland.

This was the first time the High Court had to consider a petition under section 509 of the 2014 Act, to appoint an examiner, where the company was not formed and registered under the 2014 Act, or an existing company incorporated in the State. The applicant company therefore invoked the direct application of Article 3.1 EIR Recast

The company at the centre of this case, Mac Interiors Limited (MAC), had its registered office in Newry, Co Down...