The Insolvency Review 5th Edition (Ireland)

Author:Mr Robin McDonnell, Saranna Enraght-Moony and Karole Cuddihy
Profession:Maples and Calder
 
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I INSOLVENCY LAW, POLICY AND PROCEDURE

i Statutory framework and substantive law

Ireland is a sovereign state in Europe and a member of the European Union since 1973. The legal system in Ireland is a combination of statute and common law in which a large emphasis is placed on precedent.

The principal statutes governing insolvency law in Ireland are as follows:

a the Companies Acts 2014, which came into operation on 1 June 2015, consolidating and replacing the Companies Acts 1963 to 2013;

b Regulation (EU) 2015/848 of the European Parliament and of the Council (applicable when a debtor has its centre of main interests (COMI) in an EU Member State) (the Recast Regulation);

c the National Asset Management Agency Act 2009 (relevant from the perspective of statutory receivers appointed by the National Asset Management Agency); and

d the Irish Bank Resolution Corporation Act 2013 (which introduced the concept of Special Liquidation) (the IBRC Act).

ii Policy

Remedies in the area of insolvency and bankruptcy involved enforcement of security, realisation of a debtor's assets and the penalisation of resisting debtors. In recent years, however, there has been a subtle shift towards a 'rescue culture'...

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