Companies (Miscellaneous Provisions) Act 2013

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Amendment of Bankruptcy Act 1988

10. The Bankruptcy Act 1988 is amended—

(a) in section 17 by the substitution of the following for subsection (2):

“(2) The Court shall cause notice of the adjudication to be given as soon as may be in the prescribed manner in the Iris Oifigiúil, and—

(a) in at least one daily newspaper circulating in the State, or

(b) by the publication of the notice on the website of the Insolvency Service of Ireland.”,

(b) in section 105, by the substitution of the following for subsection (2):

“(2) On an adjudication under subsection (1) the Court shall proceed as in bankruptcy and cause notice of the adjudication to be given forthwith in the prescribed manner in the Iris Oifigiúil, and—

(a) in at least one daily newspaper circulating in the State, or

(b) by the publication of the notice on the website of the Insolvency Service of Ireland,

and the petitioner shall be subject to the jurisdiction of the Court in the same manner as any other bankrupt, and any proposal which may have been made or accepted or approved shall be void.”,

(c) by the substitution of the following for section 130:

“Arranging publication of notice without authority

130. A person who—

(a) arranges for or causes the publication of a notice under this Act—

(i) in the Iris Oifigiúil,

(ii) in a newspaper, or

(iii) on the website of the Insolvency Service of Ireland,

without authority under this Act, or

(b) arranges or causes the publication of such a notice, knowing that the contents of such notice are false in a material respect,

shall be guilty of an offence.”,

(d) in section 140A—

(i) by the insertion after subsection (1) of the following subsection:

“(1A) The register referred to in subsection (1) may be kept in electronic format.”,

(ii) in subsection (3) by the substitution of the following for paragraph (c):

“(c) any fee prescribed for that purpose by the Insolvency Service of Ireland.”,

and

(iii) by the substitution of the following for subsection (5):

“(5) The register shall be open to public inspection on payment of such fee (if any) as may be prescribed for that purpose by the Insolvency Service of Ireland.”,

(e) in section 140B(1) by the substitution of—

“in the prescribed manner—

(i) in the Iris Oifigiúil, and

(ii) in either—

(I) at least one daily newspaper circulating in the State, or

(II) on the website of the Insolvency Service of Ireland.”

for

“in the prescribed manner in Iris Oifigiúil and in at least one daily newspaper circulating in the State.”,

and

(f) by the substitution of the following for section 141:

“Publication of certain notices to be evidence

141. A notice published pursuant to this Act—

(a) in the Iris Oifigiúil,

(b) in a daily newspaper circulating in the State, or

(c) on the website of the Insolvency Service of Ireland,

shall be evidence of the matters contained in the notice.”.