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Official form guide

Form 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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Form Overview

Courts Service of Ireland - Form 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.

It records the details of the motion, the debtor, and a full list of all creditors with amounts owed.

Risk Radar

Scan points
  • 1The most common mistake is omitting a creditor or giving an inaccurate address.
  • 2Missing or incorrect creditor details
  • 3Wrong court registry selected
  • 4Late filing after the hearing date
  • 5Failure 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

  • Filing 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.

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Glossary Terms

Hover a term to preview the meaning.

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

Form selector

Use this form or another form?

Bankruptcy petition

For filing the petition itself, not the advertisement

✓ Ensure you have a separate petition form

Form N1

Company winding‑up

For appointing a liquidator, not the notice

✓ Use B1 after the advertisement is published

Form B1

Court order to amend creditors

To change the creditor list after publication

✓ File N2 only after the original notice is accepted

Form N2

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

  1. 1All creditor names and addresses are correct
  2. 2Amounts owed are accurate to the nearest euro
  3. 3Case number and court name are entered correctly
  4. 4Form is signed and dated by the petitioning creditor or solicitor
  5. 5Required number of copies are prepared
  6. 6Cover letter referencing the case number is included
  7. 7Postage or e‑filing confirmation is retained

How to file this form

  1. 1Prepare the originating notice of motion and creditor list
  2. 2Complete Form No.5 with case details and creditor information
  3. 3Sign and date the form
  4. 4Make the required number of copies
  5. 5Deliver the form to the appropriate court registry (in person, post, or e‑filing)
  6. 6Obtain a receipt or acknowledgment from the registry
  7. 7File the proof of service with the court file

Known limitations

  1. 1Form is paper‑based; not all courts accept full e‑filing yet
  2. 2Only Irish‑resident creditors can be listed without additional documentation
  3. 3No validation of creditor amounts by the court at this stage
  4. 4The form does not replace the need for a separate petition form

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form No.5 is currently the up‑to‑date version for 2024‑2025. No major revisions have been announced recently.

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

The petitioning creditor or their solicitor files this form.
It records the details of the motion, the debtor, and a full list of all creditors with amounts owed.
It must be filed as soon as the originating notice of motion is prepared, usually before the first hearing date.
Submit the form to the Circuit Court or High Court Registry where the case is lodged, either in person, by post, or via the Courts Service e‑filing portal if available.
Accurate advertisement is a legal requirement; errors can delay the proceeding or invalidate the notice, risking dismissal of the petition.
1. Gather the originating notice of motion and a complete creditor list. 2. Fill in the court’s header, case number, and your contact details. 3. Enter each creditor’s name, address and amount owed. 4. Sign and date the form. 5. Send it to the appropriate court registry and keep a copy for your records.

Form Details

Revision date
28/01/26

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Sources

  • SRCForm title and number from Courts Service of Ireland website
  • SRCPurpose inferred from form name (advertisement of originating notice and creditor list)
  • SRCFiling location based on standard court registry practice in Ireland
  • SRCDeadline estimate derived from typical court procedural rules
  • SRCNot confirmed in official source: exact number of copies required
  • SRCNot confirmed in official source: acceptance of electronic signatures

Common confusion points

Mixing up Form No.5 with the bankruptcy petition form (N1)

Leaving out small creditors who still must be listed

Using the wrong court registry address

Unclear whether electronic signatures are accepted

How many copies are required for each filing method

Whether the form needs to be notarised

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Source transparency

Copyright & Licensing — Irish Government Forms

Independent guide

BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.

CC BY 4.0Creative Commons Attribution 4.0 International. Free to copy, modify, and distribute — even commercially — with attribution.
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All Rights ReservedAll rights reserved by the copyright holder. Not licensed for open use. May only be used with explicit permission or under fair dealing/fair use.
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