The Government has approved the extension of the interim period of the Companies (Miscellaneous Provisions) (Covid-19) Act 2020 to 30th April 2022.
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Director and Member Meetings can continue to hold virtual meetings
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Threshold at which a company is deemed unable to pay its debts remains at €50,000
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Extension of examinership to 150 days remains in place.
Introduction of SCARP (Small Companies Administrative Rescue Process)
This is a practical piece of legislation intended to make the Examinership process more accessible and less expensive. It provides for a tight timeline for the entire process without the company having to go to Court.
Brief highlights of SCARP
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To avail of SCARP a company must be “small” or “micro” – no more than 50 employees, turnover does not exceed €12m, balance sheet does not exceed €6m.
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Company is unable to pay its debts
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The company cannot have appointed an Examiner or Process Advisor (insolvency practitioner) within previous 5 years.
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Process Advisor assesses viability of the company and its ability to trade its way out of current difficulties.
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Entire process should be completed within 70 days.