Prosecution Cases 2006

The Director of Corporate Enforcement v a Liquidator

24 January 2006


Venue: 
Dublin District Court. 

Judge: 
District Judge Watkin. 

Alleged Offence(s): 
The defendant was charged with acting as a liquidator of a company while disqualified from so acting pursuant to section 300A (1) (c) of the Companies Act 1963 (as inserted by section 146 of the Companies Act 1990) AND with failing to vacate his office by reason of such disqualification in contravention of section 300A(4) of the Companies Act, 1963. 

Note: Section 300A(1)(c) disqualifies for appointment as liquidator of a company “a person who is a partner or in the employment of an officer or servant of the company”. 

Outcome: 
The charges brought under Section 300A of the Companies Act 1963 were dismissed. 

No order was made as to costs.

Court Rulings

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