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558ZAE. Without prejudice to the relevant court’s own discretion, the whole or part of any proceedings under this Part may be heard otherwise than in public if the relevant court, in the interests of justice, considers that the interests of the eligible company concerned or of its creditors as a whole so require.

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High Court’s power to remit proceedings to Circuit Court 558ZAF. (1) This section applies where the process adviser determines under section 558H that any proceedings under this Part relating to an eligible company shall be brought in the High Court.

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(2)In any proceedings under this Part relating to the eligible company, the High Court may, where it considers that it would be reasonable for the proceedings to be dealt with in the Circuit Court, remit the proceedings to the Circuit Court.
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(3)Where the High Court is minded to remit proceedings under subsection (2), it may elect to deal with the application immediately before it where it considers that it would be more efficient for it to do so.
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(4)Notwithstanding subsection (3), the High Court may take into account whether it was reasonable for any proceedings under this Part to be brought in that court in making a costs order in relation to the proceedings concerned.
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(5)In deciding for the purposes of subsection (2) whether it would be reasonable for proceedings to be brought in the Circuit Court, the High Court shall have regard to all the circumstances, including in particular the need to minimise costs and promote efficiency.
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Representation of bodies corporate at meetings held under this Part 558ZAG. For the avoidance of doubt, section 185 applies to any meeting of an eligible company held during the rescue period.

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Retention of records 558ZAH. Where a process adviser is appointed in respect of an eligible company, the process adviser shall retain records in such form or manner as may be prescribed for a period of not less than 6 years after the completion of the activity to which the record relates.

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Service of notices 558ZAI. (1) This section applies where the process adviser is required or authorised by any provision of this Part to give a person a notice or other document.

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(2)Where the person has provided the process adviser with an email address under section 558I, notice shall be given by electronic means to that email address.
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(3)Where— (a) the person has not provided the process adviser with an email address under section 558I, or (b) the process adviser gives notice by electronic means to an email address provided by the person under that section but receives in response a failed delivery notification, notice shall be given in accordance with subsection (4).
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(4)Notice is given in accordance with this subsection if it is sent by post in a prepaid letter to— (a) in the case of an individual— (i) the address at which the individual ordinarily resides, or (ii) any other address provided by the individual for the purposes of this section, (b) in the case of a company, its registered office, or (c) in the case of any other body corporate or unincorporated body, its principal office or place of business.
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Regulations to remove difficulties 558ZAJ. (1) If, in any respect, any difficulty arises in bringing any provision of this Part into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation.

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(2)A regulation made under subsection (1) may modify any provision of this Part which makes provision for, or in connection with, any administrative or procedural matter (including, in particular, the length of any period of time within which notice requires to be given under this Part) so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Part after the expiration of 2 years commencing on the day on which the provision came into operation.
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(3)Where regulations are proposed to be made under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.”.
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PART 3

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Miscellaneous Amendments of Companies Act 2014 Amendment of section 2 of Principal Act 4. Section 2 of the Principal Act is amended, in subsection (1), by the insertion of the following definition: “ ‘process adviser’ has the meaning assigned to it by section 558A;”.

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Amendment of section 511 of Principal Act 5. Section 511 of the Principal Act is amended, in subsection (3)(d), by the substitution of “dissipation” for “disappearance”.

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Amendment of section 587 of Principal Act 6. Section 587 of the Principal Act is amended by the insertion of the following paragraph after paragraph (aa): “(ab) inform the creditors of the company of their power to appoint a committee of inspection under section 667,”.

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Amendment of section 610 of Principal Act 7. Section 610 of the Principal Act is amended— (a) in subsection (1)— (i) by the insertion of “, or in the course of a rescue period under Part 10A in respect of an eligible company,” after “company”, where it secondly occurs, and (ii) by the substitution of “liquidator, examiner or process adviser of the company” for “liquidator or examiner of the company”, and (b) by the insertion of the following subsections after subsection (8): “(9) In assessing any application under this section, the court may take into account whether section 558S(5) applies to a director of a company.

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(10)In this section, ‘eligible company’, ‘process adviser’ and ‘rescue period’ have the meanings assigned to them by section 558A.”.
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Amendment of section 627 of Principal Act 8. Section 627 of the Principal Act is amended in the Table to the section— (a) in paragraph 1(a), by the insertion of “(including proceedings before the Workplace Relations Commission and the Labour Court)” after “proceeding”, and (b) in paragraph 1(b), by the insertion of “(including proceedings before the Workplace Relations Commission and the Labour Court)” after “proceeding”.

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Amendment of section 666 of Principal Act 9. Section 666 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) (a) When a winding-up order has been made by the court, the liquidator shall inform the creditors of the company of their power to appoint a committee of inspection under this section. (b) When a winding-up order has been made by the court, the liquidator may and, if directed to do so by a creditor or creditors representing not less than one-tenth in value of the creditors of the company shall, summon a meeting of the creditors of the company for the purpose of determining— (i) whether or not a committee of inspection is to be appointed, and (ii) who are to be the members of the committee if so appointed.”, (b) in subsection (2), by the substitution of “Subject to subsection (2A), at a meeting” for “At a meeting”, (c) by the insertion of the following subsection after subsection (2): “(2A) Where the employees of the company elect or appoint one of their number as an employees’ representative for the purpose of serving on any committee of inspection referred to in subsection (2), the person so elected or appointed shall be one of the persons appointed under that subsection.”, and (d) by the insertion of the following subsection after subsection (6): “(7) If a liquidator, without reasonable excuse, fails to comply with subsection (1)(a), he or she shall be guilty of a category 4 offence.”.

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Amendment of section 667 of Principal Act 10. Section 667 of the Principal Act is amended— (a) in subsection (1), by the substitution of “Subject to subsection (1A), the creditors” for “The creditors”, and (b) by the insertion of the following subsection after subsection (1): “(1A) Where the employees of the company elect or appoint one of their number as an employees’ representative for the purpose of serving on any committee of inspection as mentioned in subsection (1), the person so elected or appointed shall be one of the persons appointed under that subsection.”.

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Amendment of section 668 of Principal Act 11. Section 668 of the Principal Act is amended— (a) in subsection (6) by the insertion of “, subject to subsection (6A),” after “office or”, and (b) by the insertion of the following subsection after subsection (6): “(6A) Where— (a) the person who vacated office had been appointed by virtue of section 666(2A) or 667(1A), and (b) the employees of the company elect or appoint another of their number under section 666(2A) or, as the case may be, section 667(1A), the person so elected or appointed shall, subject to subsection (7), be appointed to fill the vacancy.”.

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Amendment of section 690A of Principal Act 12. Section 690A of the Principal Act is amended in subsection (11), in the definition of “creditors’ meeting”, by the insertion of the following paragraph after paragraph (f): “(fa) section 558T;”.

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