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Examinership, similar to Chapter 11 in the United States, was introduced to Ireland back in 1990. Up until 2013, an application (formally known as a Petition) by a company to enter into examinership could only be made before the High Court but since 2013, if your company suits certain criteria, you can bring an Examinership Application in the Circuit Court. 
 
The idea behind the Examinership process, whether in the High court or the Circuit Court, is to allow companies that have a reasonable prospect of survival (but are currently insolvent) to inject fresh investment and to restructure, so that ultimately jobs can be saved. 
A substantial number of our clients have contacted us with Covid-19 queries and as a result we have composed some short memos which we hope will be of assistance to you during this difficult time. The first below deals with general issues which may arise. In addition we have composed two blogs which specifically deal with employment issues and landlords. I urge you to read them because they do contain important information. If there is any particular issue on which you need help or advice please do not hesitate to contact me. 
Covid-19 Legal Advice Marcus Lynch Solicitors
Employees and Employers have had to completely refocus on the manner in which work is carried out due to Covid-19 restrictions. Employers learned to trust their employees to work from home and Employees have had to learn new skills in working from home. Also, unfortunately, in a lot of cases employees have to cope with being laid-off. This has caused tensions to arise, particularly where other employees are being paid full salary and managing those tensions, when everyone returns to work, is something employers should be focused upon. 
It is amazing that almost half of Irish people never make a Will! 
 
The consequences for their families and for themselves can often be quite damaging. A Will allows you to take control of your life and your monies and it makes sure they go to the person who needs them or to whom you want them to go.  
 
Making a Will does not mean, as some people seem to think, that you will die tomorrow. It merely means that if anything does happen, your affairs will be in order and you can amend your Will, at any time, especially if you have a life changing event. 
 
Let me give some examples: - 
 
The manner in which you can lay off staff is set out in Section 11 of the Redundancy Payments Acts 1967. 
 
Unfortunately, the Section raises almost as many questions as it answers. 
At Marcus Lynch Solicitors we got it right - read what our client had to say .... 
It is amazing how little attention business owners pay to their relationships with their co-workers, directors and fellow shareholders. 
 
They spend more time awake with these people than they do with their partner in life and also entrust them with their entire financial future but very often have little or no agreement with them as to what might happen if things go wrong. 
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