Lavelle Partners is recognised as one of
Ireland’s leading insolvency practices specialising in examinerships. Our insolvency team is headed up by Managing
Partner, Michael Lavelle, a top insolvency expert for over thirty years. Michael has developed our insolvency team
into a top-tier practice, as reflected by the large number of landmark
insolvency cases in which the firm has acted.
Lavelle Partners have successfully advised and
represented many examiners, small, medium, and large companies in Ireland
through the examinership process. We
understand that businesses making the decision to enter into examinerships need
sharp and decisive legal guidance to represent their best interests. Examinerships in Ireland hold many advantages
over other insolvency measures for a business struggling to pay its debts; our
team of insolvency specialists can assess your precise circumstances and advise
whether this would be the best route for you.
As we are a full-service law firm, our insolvency specialists benefit
from the combined knowledge and legal expertise of each of our legal practices,
including commercial and corporate, property, banking, debt and asset recovery,
litigation and dispute resolution, and employment law. In doing so, our legal advice is considered
from all possible angles and provides the best chance of a favourable outcome
for your company, its shareholders, employees and other stakeholders.
We act for any party who may be involved in the
examinership process, whether it is the examiner, creditor, directors,
shareholders or the purchaser of a business which is in examinership. We have
been involved in many successful examinerships on behalf of various examiners
and we have also successfully opposed the appointment of examiners or the
implementation of schemes of arrangements on behalf of creditors who were being
What does Examinership mean in Ireland?
Examinership affords companies struggling to
pay their debts with protection from liquidation, typically for 70–100
days. Not all companies are eligible for
examinership, but those that do can seek to trade their way back to
viability. This mechanism is open to
small, medium and large companies.
The examinership regime was first introduced by
the 1990 Companies Act and was subsequently revised in the Companies
(Miscellaneous Provisions) Act, 2013 to include small companies. Under this Act, small companies could choose
to apply directly to the Circuit Court for the appointment of an examiner under
the examinership regime.
What happens when a Company goes into Examinership in Ireland?
Firstly, a petition is filed with the High
Court or Circuit Court for examinership (depending on the size of the company)
with an accompanying independent expert report (including recommendations for
the approach to be taken). The petition
can only be submitted by the company, its directors, a creditor or shareholders
possessing over 10% of the company’s shareholding. The petition will name a person to be
appointed examiner and must demonstrate that:
company is or is likely to be unable to pay its debts;
resolution subsists for the winding up of the company;
order has been made for the winding up of the company.
From the submission of the petition, the
company then has 70 days (which may be extendable by a further 30 days) to
trade without creditors taking action to seek what they are owed. During this time, the examiner must
investigate the affairs of the company, prepare a compromise or ‘scheme of arrangement’;
in other words, a plan to facilitate the survival of the company. This may include termination of specific
contracts, writing-off of debt, the surrender of property leases, capital
injection or further investment. This proposed scheme must be put to the
creditors of the company and then may be approved by the creditors or by the
Why choose Lavelle Partners to assist you with Examinership?
Partners is recognised as one of Ireland’s leading insolvency practices. The
insolvency team is headed up by Managing Partner, Michael Lavelle. Building on
his own reputation as a top insolvency expert for over thirty years, Michael
has developed our insolvency function as a top-tier practice, as reflected in
the large number of landmark insolvency cases in which the firm has acted.
insolvency lawyers are members of the Irish Society of Insolvency Practitioners.
provide expert advice across a range of insolvency matters. Our insolvency lawyers
ave expert knowledge and experience in advising banking and other creditors,
directors and shareholders. Our firm is also instructed by leading insolvency
practitioners in Dublin, as well as foreign lawyers, accountants and creditors.
firm’s team of experienced insolvency lawyers is committed to achieving the
best commercial outcome for the client. The focus is on developing a
relationship with each client that maximises the benefits of our experience,
industry knowledge, commercial realism and flexibility.
lawyers are approachable, intelligent and pragmatic. When it comes to handling examinerships, we will assess your situation
objectively and provide a clear strategy.
Partners is a full-service law firm – meaning our clients benefit from advice
and representation which is considered from all possible legal
perspectives. This affords our clients a
considerable advantage in examinerships.
For further information regarding examinerships and
related insolvency issues in Ireland, please contact Lavelle Partners in
confidence on (01) 644 5800.