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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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
- Never invest liquidated funds without first obtaining court approval through this form.
- Investing without court approval may lead to personal liability for the liquidator
- Insufficient justification for investment may result in rejection
- Choosing inappropriate investment vehicles could jeopardize creditor interests
- Failing 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
- 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.
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
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Situation | Likely form | Why it matters | Check before you continue |
| Distribution of funds to creditors | Form for final distribution | Different process with different requirements | Ensure you're not mixing up distribution with investment |
| Appointment of liquidator | Court application for appointment | Initial appointment process | This form comes after appointment, not before |
| Reporting to creditors | Liquidator's report form | Regular reporting requirement | This is for investment requests, not routine reporting |
| Challenging creditor claims | Form for creditor disputes | 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
- • Form fully completed with all required sections
- • Supporting documentation attached
- • Court fee paid if applicable
- • Liquidator's details correctly entered
- • Company registration number included
- • Liquidation case number provided
- • Investment 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
- • This form only applies to funds already in liquidation
- • Court approval is required before any investment can proceed
- • Not applicable to pre-liquidation planning
- • Does not cover investment of personal assets of the liquidator
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✦ Open in AI EditorCurrent Form Status
This form is actively used in Irish liquidation proceedings but may be updated periodically; check the Courts Service website for the most recent version.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 27/01/26
Downloads
No.38 Request by Liquidator for Investment of Funds
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After you file
- • Keep a copy of the submitted form for your records
- • Note the court reference number for future correspondence
- • Wait for court decision before making any investments
- • Maintain records of all investment activities once approved
- • Report investment performance to the court as required
Source and verification log
- • Form issued by Courts Service of Ireland
- • Form number: No.38
- • Form name: Request by Liquidator for Investment of Funds
- • Purpose: To request court permission to invest liquidated funds
- • Not confirmed in official source: Current processing times
- • Not confirmed in official source: Specific fee amounts
- • Not confirmed in official source: Electronic submission options
Common confusion points
7 things to watch for
- 1
Confusing this form with creditor distribution forms
- 2
Assuming all liquidators can invest without approval
- 3
Not understanding that court permission is required even for low-risk investments
- 4
Mixing up liquidator investment authority with company director powers
- 5
Assuming the form covers pre-liquidation investment planning
- 6
Not realizing investments must preserve capital and provide reasonable returns
- 7
Confusing this with forms for appointing a liquidator
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