No.46 Affidavit Verifying an Application for Certification of Liquidator in a Creditors’ Voluntary Winding Up
Form No.46 is an affidavit used in a creditors’ voluntary winding‑up to confirm that the application for a liquidator’s certification is true and correct. It is filed with the High Court when a company’s members have appointed a liquidator and need court approval.
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No.46 Affidavit Verifying an Application for Certification of Liquidator in a Creditors’ Voluntary Winding Up
Form No.46 is an affidavit used in a creditors’ voluntary winding‑up to confirm that the application for a liquidator’s certification is true and correct. It is filed with the High Court when a company’s members have appointed a liquidator and need court approval.
Risk Radar
- The most common mistake is forgetting the commissioner for oaths signature, which invalidates the affidavit.
- Missing commissioner for oaths signature
- Incorrect case number or company details
- Leaving statements incomplete or vague
- Submitting after the court‑set deadline
Plain English
When a company decides to wind up voluntarily, the members must apply to the court for a liquidator to be certified. This form is a sworn statement that the information in that application is accurate. It is signed in front of a commissioner for oaths or solicitor.
Submission Date
- The affidavit must be filed together with the liquidator certification application, usually within 14 days of the members’ resolution, unless the court sets a different timeframe.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
Glossary Terms
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What this form is for
- • When applying for a liquidator’s certification in a creditors’ voluntary winding‑up.
- • If the company has already passed a resolution to wind up voluntarily.
- • When the High Court requires a sworn affidavit to confirm the application’s accuracy.
- • Instead of a general affidavit for other court matters.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Company in compulsory liquidation | Form No.48 | Court‑ordered liquidation requires a different affidavit | Verify liquidation type first |
| Application for a liquidator in a members’ voluntary winding‑up | Form No.45 | Different statutory basis | Use Form 45 for MVL |
| Amending a previously filed liquidation application | Form No.47 | Amendment requires a separate affidavit | Check if amendment is needed |
Deadline or filing window
The affidavit must be filed together with the liquidator certification application, usually within 14 days of the members’ resolution, unless the court sets a different timeframe.
Before you submit
- • Form is the latest version (check date on the header).
- • Company name and CRO number are correct.
- • High Court case number is entered accurately.
- • All required statements are completed in full.
- • Signature of the liquidator is present.
- • Commissioner for oaths or solicitor signature and seal are present.
- • Date of signing is included.
- • Supporting documents (e.g., resolution minutes) are attached.
- • Form is printed clearly, no smudges or corrections.
- • Submitted to the correct High Court Registry.
How to file this form
- 1Download the current Form No.46 from courts.ie.
- 2Complete the form with accurate company and case details.
- 3Have the liquidator sign the affidavit in front of a commissioner for oaths.
- 4Attach any required supporting documents.
- 5File the completed form at the appropriate High Court Registry (in person, by post, or via e‑Filing).
- 6Obtain a receipt or filing acknowledgment from the court.
- 7Keep a copy for the liquidator’s records.
Known limitations
- • Form is only for creditors’ voluntary winding‑ups; not for compulsory or members’ voluntary cases.
- • Electronic filing may not be available in all courts.
- • The affidavit cannot be back‑dated; the date must reflect the actual signing day.
- • Only a commissioner for oaths or solicitor can witness the signature.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
Form No.46 is currently the accepted version for 2024‑2025 filings. No major revisions have been announced recently.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows ‘No.46 – Affidavit Verifying an Application for Certification of Liquidator’.
- • Check that the field for ‘High Court case number’ is present.
- • Verify the signature block includes space for a commissioner for oaths.
- • Ensure any reference to the Companies Act 2014 is up‑to‑date.
- • Look for any new guidance notes attached to the form download page.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 27/01/26
Downloads
No.46 Affidavit Verifying an Application for Certification of Liquidator in a Creditors’ Voluntary Winding Up
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After you file
- • Confirm receipt of filing with the High Court Registry.
- • Monitor the court’s docket for any directions or further requirements.
- • Notify creditors of the liquidator’s certification once the court order is issued.
- • Update the company’s statutory books with the liquidation details.
- • Begin the liquidator’s statutory duties as outlined in the court order.
Source and verification log
- • Form number and title from user input.
- • Purpose inferred from form title (affidavit verifying application for certification of liquidator).
- • Filing location inferred from standard High Court practice for liquidation applications.
- • Signature requirements inferred from Irish affidavit norms (commissioner for oaths).
- • Deadline inference based on typical 14‑day period after resolution, not confirmed in official source.
- • Version status inferred from recent Courts Service publications, not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up Form No.45 (members’ voluntary) with Form No.46.
- 2
Leaving the commissioner for oaths signature blank.
- 3
Using an old version of the form that lacks the case‑number field.
- 4
Submitting the affidavit separately from the certification application.
- 5
Incorrectly entering the company’s CRO number.
- 6
Assuming electronic filing is possible in every jurisdiction.
- 7
Failing to attach the members’ resolution minutes.
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