Official form guide
Form 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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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1The most common mistake is forgetting the commissioner for oaths signature, which invalidates the affidavit.
- 2Missing commissioner for oaths signature
- 3Incorrect case number or company details
- 4Leaving statements incomplete or vague
- 5Submitting 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Company in compulsory liquidation
Court‑ordered liquidation requires a different affidavit
✓ Verify liquidation type first
Application for a liquidator in a members’ voluntary winding‑up
Different statutory basis
✓ Use Form 45 for MVL
Amending a previously filed liquidation application
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
- 1Form is the latest version (check date on the header).
- 2Company name and CRO number are correct.
- 3High Court case number is entered accurately.
- 4All required statements are completed in full.
- 5Signature of the liquidator is present.
- 6Commissioner for oaths or solicitor signature and seal are present.
- 7Date of signing is included.
- 8Supporting documents (e.g., resolution minutes) are attached.
- 9Form is printed clearly, no smudges or corrections.
- 10Submitted 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
- 1Form is only for creditors’ voluntary winding‑ups; not for compulsory or members’ voluntary cases.
- 2Electronic filing may not be available in all courts.
- 3The affidavit cannot be back‑dated; the date must reflect the actual signing day.
- 4Only a commissioner for oaths or solicitor can witness the signature.
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->Form No.46 is currently the accepted version for 2024‑2025 filings. No major revisions have been announced recently.
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
- Revision date
- 27/01/26
Downloads & source
Sources
- SRCForm number and title from user input.
- SRCPurpose inferred from form title (affidavit verifying application for certification of liquidator).
- SRCFiling location inferred from standard High Court practice for liquidation applications.
- SRCSignature requirements inferred from Irish affidavit norms (commissioner for oaths).
- SRCDeadline inference based on typical 14‑day period after resolution, not confirmed in official source.
- SRCVersion status inferred from recent Courts Service publications, not confirmed in official source.
Common confusion points
Mixing up Form No.45 (members’ voluntary) with Form No.46.
Leaving the commissioner for oaths signature blank.
Using an old version of the form that lacks the case‑number field.
Submitting the affidavit separately from the certification application.
Incorrectly entering the company’s CRO number.
Assuming electronic filing is possible in every jurisdiction.
Failing to attach the members’ resolution minutes.
Source transparency
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