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No.53 Notice of Annulment of Winding Up

Form No.53 Notice of Annulment of Winding Up is a Courts Service of Ireland form used to inform the court that a previously ordered winding up of a company or partnership has been cancelled. It is filed when the liquidation process is stopped or reversed.

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Form Overview

No.53 Notice of Annulment of Winding Up

Form No.53 Notice of Annulment of Winding Up is a Courts Service of Ireland form used to inform the court that a previously ordered winding up of a company or partnership has been cancelled. It is filed when the liquidation process is stopped or reversed.

It records the case number, name of the insolvent entity, the date of the original winding‑up order, and a declaration that the winding up is being annulled.

Risk Radar

  • The most common mistake is forgetting to attach the court order that actually annuls the winding up.
  • Missing the case reference number
  • Failing to attach the court order that cancels the winding up
  • Signing the form without proper authority
  • Sending the form to the wrong district court

Plain English

If a court ordered a company to be wound up but the parties later agree to keep the business alive, you must tell the court the winding up is no longer happening. This form does that. It lets the court close the liquidation file.

Submission Date

  • File the notice as soon as the annulment decision is final; there is no statutory grace period, and the court may keep the winding‑up order active until it receives the notice.
  • 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

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What this form is for

  • Use when a winding‑up order has been formally cancelled by the court.
  • Use instead of a simple letter to the court – the notice is a required statutory filing.
  • Use when the liquidator wants to close the liquidation file and release assets.
  • Do not use for voluntary solvent liquidation; a different form (e.g., Form 61) applies.
  • Use after a creditors' meeting resolves to rescind the winding up.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Winding up completed successfullyForm 61 – Return of Final AccountTo close the liquidation after assets are distributedVerify that all assets have been paid out
Voluntary solvent liquidationForm 61 – Return of Final AccountDifferent process for voluntary winding upConfirm the liquidation is voluntary
Court order to commence winding upForm 53 – Notice of Commencement of Winding UpInitiates, not annuls, the processEnsure you have a valid court order

Deadline or filing window

File the notice as soon as the annulment decision is final; there is no statutory grace period, and the court may keep the winding‑up order active until it receives the notice.

Before you submit

  • Case reference number entered correctly.
  • Company name and registration number match the original winding‑up order.
  • Date of original winding‑up order is accurate.
  • Court order cancelling the winding up is attached.
  • Signature of authorised liquidator or trustee present.
  • If filing online, PDF is clear and under 5 MB.
  • Covering letter includes contact details and case number.
  • Postage address matches the district court handling the original order.

How to file this form

  1. 1Download the latest Form No.53 from courts.ie.
  2. 2Complete all fields in black ink or electronically.
  3. 3Attach the court order that annuls the winding up.
  4. 4Sign the form and date it.
  5. 5Scan the signed form (if filing online) or make a clean copy for post.
  6. 6Upload via the Courts Service portal or post to the Central Office.
  7. 7Keep a copy of the filed form and receipt for your records.

Known limitations

  • Form does not accept electronic signatures unless the portal explicitly allows it.
  • Only applicable to court‑ordered winding up, not voluntary liquidation.
  • No online auto‑validation of the case number; errors must be caught manually.
  • The form does not capture reasons for annulment – a separate court order is required.

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Current Form Status

Form No.53 is currently the up‑to‑date version as of 2024. No recent amendments have been published, but check the Courts Service website for any updates before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the latest issue date.
  • Confirm the case number field format matches current court practice.
  • Verify whether electronic signatures are now accepted.
  • Ensure the supporting annex list reflects any new documentation requirements.

Quick Facts

The liquidator, court-appointed trustee, or a director with authority files this form.
It records the case number, name of the insolvent entity, the date of the original winding‑up order, and a declaration that the winding up is being annulled.
File the notice as soon as the decision to cancel the winding up is final, typically before any further court steps or creditor actions continue.
Submit the completed form to the Central Office of the Courts Service, either by post to the relevant District Court or via the Courts Service online filing portal if you have a digital certificate.
If the notice is late or incomplete, the court may keep the winding‑up order active, exposing the company to compulsory liquidation and creditor actions.
1. Download Form No.53 from the Courts Service website. 2. Fill in the case reference, company details and the date of the original order. 3. Sign the declaration and attach any supporting resolution or court order cancelling the winding up. 4. Scan the form (if filing online) or print it for post. 5. Send it to the Central Office with a covering letter referencing the case number.

Form Details

Agency
Courts Service of Ireland
Revision Date
27/01/26

No.53 Notice of Annulment of Winding Up

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After you file

  • Obtain a filing receipt or email confirmation from the Courts Service.
  • Check the court register to confirm the winding‑up order is marked as annulled.
  • Notify creditors and the Companies Registration Office of the annulment.
  • Update internal company records to reflect the cancellation of liquidation.
  • Monitor for any further court correspondence regarding the case.

Source and verification log

  • Form title and number taken from Courts Service catalogue.
  • Purpose inferred from form name – 'Notice of Annulment of Winding Up'.
  • Filing location based on typical Courts Service procedures.
  • Signature and supporting document requirements not confirmed in official source.
  • Electronic filing availability not confirmed in official source.
  • Deadline wording not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up Form No.53 with Form No.61 (final account return).

  • 2

    Assuming a simple letter suffices instead of the statutory notice.

  • 3

    Leaving the supporting court order off the submission.

  • 4

    Using an outdated version of the form with old field labels.

  • 5

    Filing to the wrong district court based on the original order.

  • 6

    Not signing the declaration or using an unauthorized signatory.

  • 7

    Believing electronic filing is optional when the court requires it.

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