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    True Sales under Irish Law - Market Approach Confirmed
    2017-06-28

    The Irish High Court has recently ruled on the test for determining whether the transfer of a debt is a "true sale" or is by way of a charge. It has, helpfully, adopted the well-established test taken in a long line of English cases which emphasises that the legal form of the contract adopted by the parties will determine its nature, provided the contract is not a "sham".

    Filed under:
    Ireland, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Maples Group, Liquidation, Companies Registration Office (Ireland), Companies Act, High Court (Ireland)
    Authors:
    John Breslin , Nollaig Murphy , Stephen McLoughlin
    Location:
    Ireland
    Firm:
    Maples Group
    Companies in Receivership and the Companies Registration Office
    2017-04-10

    The Companies Registration Office (CRO) will no longer change the designated status of a company on the register of companies from “Normal” to “Receivership” if that company has a receiver appointed over its assets.

    This means that companies in receivership will no longer have the designation “Receivership” on their CRO record.

    This change, which became effective on 22 March 2017, is a consequence of the Court of Appeal decision in Independent Trustee Company Limited v Registrar of Companies [2016] IECA 274.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, LK Shields, Liquidation, Companies Registration Office (Ireland)
    Authors:
    Richard Curran
    Location:
    Ireland
    Firm:
    LK Shields
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