Examinership provides companies with the protection of the Court to allow a company to restructure and exit an insolvent position without the necessity for a liquidation or receivership.
Our team has been involved in over 250 examinership cases.
In a historic legal first, Joe Walsh was appointed Examiner in Ireland’s first ever Circuit Court examinership in March 2013.
Joe Walsh is Ireland’s leading Circuit Court Examiner having been appointed in the vast majority of Circuit Court examinerships in Ireland.
JWA is at the forefront of making examinership accessible to Small and Medium Enterprises (SMEs).
Our team has been involved in some of the most complex examinership cases in the last 15 years
Our team has experience in the Supreme Court, High Court and Circuit Court
Our experience and expertise allows us to provide cost effective restructuring options for your business.
What companies are suitable for examinership?
We believe an insolvent company should consider restructuring options (one of which is examinership) prior to making a decision to liquidate, to borrow or to attempt to continue to trade out of its difficulties. Some of the potential benefits, criteria and questions for a company in difficulty and whether they are suitable candidates for examinership are:
Formal restructuring option for companies that are insolvent or likely to become insolvent.
Examinership is available for companies with a reasonable prospect of survival.
The focus of the examinership legislation is the protection of enterprise and employment.
Examinership provides breathing space to a company as legacy debts are frozen during the process.
As part of an examinership, legacy debts can be compromised to right size the company’s balance sheet.
The process of examinership can facilitate the return of stock no longer required by a company.
Onerous contracts can be repudiated under examinership legislation. This includes property lease agreements.
Lease and hire purchase terms can repudiated or renegotiated during the examinership period.
Where a company is required to make redundancies to ensure the protection of the company and its workforce in general, the examinership process can facilitate this.