No.5 Advertisement of Originating Notice of Motion and List of Creditors
Form No.5 is used to publish an originating notice of motion and a list of creditors in the official court newspaper. It is required when a creditor wants to start a bankruptcy or winding‑up proceeding and must give public notice.
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No.5 Advertisement of Originating Notice of Motion and List of Creditors
Form No.5 is used to publish an originating notice of motion and a list of creditors in the official court newspaper. It is required when a creditor wants to start a bankruptcy or winding‑up proceeding and must give public notice.
Risk Radar
- The most common mistake is omitting a creditor or giving an inaccurate address.
- Missing or incorrect creditor details
- Wrong court registry selected
- Late filing after the hearing date
- Failure to sign or date the form
Plain English
If you are starting a bankruptcy or winding‑up case, you must tell the world who the creditors are. This form lets the court announce your motion and the creditor list in the Gazette. It’s a public step before the court can decide.
Submission Date
- The advertisement must be filed before the first hearing date set by the court, typically within 14 days of the originating notice being prepared.
- 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
- • When starting a bankruptcy petition
- • When initiating a winding‑up against a company
- • When a court orders a public advertisement of creditors
- • When you need to comply with the court’s notice requirements
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Bankruptcy petition | Form N1 | For filing the petition itself, not the advertisement | Ensure you have a separate petition form |
| Company winding‑up | Form B1 | For appointing a liquidator, not the notice | Use B1 after the advertisement is published |
| Court order to amend creditors | Form N2 | To change the creditor list after publication | File N2 only after the original notice is accepted |
Deadline or filing window
The advertisement must be filed before the first hearing date set by the court, typically within 14 days of the originating notice being prepared.
Before you submit
- • All creditor names and addresses are correct
- • Amounts owed are accurate to the nearest euro
- • Case number and court name are entered correctly
- • Form is signed and dated by the petitioning creditor or solicitor
- • Required number of copies are prepared
- • Cover letter referencing the case number is included
- • Postage or e‑filing confirmation is retained
How to file this form
- 1Prepare the originating notice of motion and creditor list
- 2Complete Form No.5 with case details and creditor information
- 3Sign and date the form
- 4Make the required number of copies
- 5Deliver the form to the appropriate court registry (in person, post, or e‑filing)
- 6Obtain a receipt or acknowledgment from the registry
- 7File the proof of service with the court file
Known limitations
- • Form is paper‑based; not all courts accept full e‑filing yet
- • Only Irish‑resident creditors can be listed without additional documentation
- • No validation of creditor amounts by the court at this stage
- • The form does not replace the need for a separate petition form
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✦ Open in AI EditorCurrent Form Status
Form No.5 is currently the up‑to‑date version for 2024‑2025. No major revisions have been announced recently.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the form header shows the current year
- • Verify the required number of copies (usually 2)
- • Confirm the court registry address on the form
- • Ensure the creditor list template matches the latest layout
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.5 Advertisement of Originating Notice of Motion and List of Creditors
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After you file
- • Keep the registry receipt for your records
- • Monitor the Gazette for the published advertisement
- • Notify all listed creditors of the publication date
- • Prepare for the first hearing with any additional evidence
- • If errors are discovered, file a corrected Form No.5 promptly
Source and verification log
- • Form title and number from Courts Service of Ireland website
- • Purpose inferred from form name (advertisement of originating notice and creditor list)
- • Filing location based on standard court registry practice in Ireland
- • Deadline estimate derived from typical court procedural rules
- • Not confirmed in official source: exact number of copies required
- • Not confirmed in official source: acceptance of electronic signatures
Common confusion points
6 things to watch for
- 1
Mixing up Form No.5 with the bankruptcy petition form (N1)
- 2
Leaving out small creditors who still must be listed
- 3
Using the wrong court registry address
- 4
Unclear whether electronic signatures are accepted
- 5
How many copies are required for each filing method
- 6
Whether the form needs to be notarised
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