Official form guide
Form No.38 Request by Liquidator for Investment of Funds
This form is used by liquidators to request court permission to invest funds during the liquidation process. It's specifically for situations where a liquidator needs to invest liquidated assets rather than immediately distributing them to creditors.
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Form Overview
Courts Service of Ireland - Form No.38 Request by Liquidator for Investment of Funds
This form is used by liquidators to request court permission to invest funds during the liquidation process. It's specifically for situations where a liquidator needs to invest liquidated assets rather than immediately distributing them to creditors.
Risk Radar
Scan points- 1Never invest liquidated funds without first obtaining court approval through this form.
- 2Investing without court approval may lead to personal liability for the liquidator
- 3Insufficient justification for investment may result in rejection
- 4Choosing inappropriate investment vehicles could jeopardize creditor interests
- 5Failing to obtain proper documentation supporting the investment request
Plain English
If you're winding up a company and have money that needs to be invested rather than immediately paid out, this form lets you ask the court for permission to do that. The court needs to approve these investments to protect the interests of creditors and ensure proper handling of company assets.
Submission Date
- Filing date: There is no fixed deadline, but the form should be submitted as soon as the need for investment arises and before any investment decisions are made.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use when liquidated funds need to be invested rather than immediately distributed
- Required for any investment of company assets during liquidation
- Not needed for routine distribution of funds to creditors
- Must be used even for short-term investments of liquidated assets
Form selector
Use this form or another form?
Situation
Why it matters
✓ Check before you continue
Distribution of funds to creditors
Different process with different requirements
✓ Ensure you're not mixing up distribution with investment
Appointment of liquidator
Initial appointment process
✓ This form comes after appointment, not before
Court application for appointment
Reporting to creditors
Regular reporting requirement
✓ This is for investment requests, not routine reporting
Challenging creditor claims
Different legal process
✓ Use creditor dispute forms for contested claims, not this investment form
Deadline or filing window
There is no fixed deadline, but the form should be submitted as soon as the need for investment arises and before any investment decisions are made.
Before you submit
- 1Form fully completed with all required sections
- 2Supporting documentation attached
- 3Court fee paid if applicable
- 4Liquidator's details correctly entered
- 5Company registration number included
- 6Liquidation case number provided
- 7Investment details clearly specified
How to file this form
- 1Obtain the current version of Form No.38 from the Courts Service
- 2Complete all sections with accurate information about the funds and proposed investment
- 3Gather supporting documentation justifying the investment
- 4Submit the completed form to the appropriate court office
- 5Pay any required court fee
- 6Wait for court approval before proceeding with investments
Known limitations
- 1This form only applies to funds already in liquidation
- 2Court approval is required before any investment can proceed
- 3Not applicable to pre-liquidation planning
- 4Does not cover investment of personal assets of the liquidator
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This form is actively used in Irish liquidation proceedings but may be updated periodically; check the Courts Service website for the most recent version.
What changed or needs a fresh check
- Verify current version with Courts Service website
- Check if recent changes affect investment thresholds
- Confirm documentation requirements haven't changed
- Ensure fee amount is current
- Check if electronic submission options are available
Quick Facts
Form Details
- Revision date
- 27/01/26
Downloads & source
Sources
- SRCForm issued by Courts Service of Ireland
- SRCForm number: No.38
- SRCForm name: Request by Liquidator for Investment of Funds
- SRCPurpose: To request court permission to invest liquidated funds
- SRCNot confirmed in official source: Current processing times
- SRCNot confirmed in official source: Specific fee amounts
- SRCNot confirmed in official source: Electronic submission options
Common confusion points
Confusing this form with creditor distribution forms
Assuming all liquidators can invest without approval
Not understanding that court permission is required even for low-risk investments
Mixing up liquidator investment authority with company director powers
Assuming the form covers pre-liquidation investment planning
Not realizing investments must preserve capital and provide reasonable returns
Confusing this with forms for appointing a liquidator
Source transparency
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