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No.8 Originating Petition for Order Under Section 68

Form No.8 Originating Petition for Order Under Section 68 is a court document used to ask the High Court for a specific order under Section 68 of the Companies Act 2014. It is filed when a petition is needed to enforce a statutory right, such as winding‑up or a compulsory purchase.

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Form Overview

No.8 Originating Petition for Order Under Section 68

Form No.8 Originating Petition for Order Under Section 68 is a court document used to ask the High Court for a specific order under Section 68 of the Companies Act 2014. It is filed when a petition is needed to enforce a statutory right, such as winding‑up or a compulsory purchase.

The form captures the petitioner’s details, the company’s identity, the specific order sought, and the legal basis under Section 68.

Risk Radar

  • The most common mistake is omitting the required supporting documents, which leads to immediate rejection.
  • Incorrect company number or name
  • Missing signature or witness
  • Failure to attach required supporting documents
  • Wrong filing fee amount

Plain English

If you need the court to make a decision about a company under the Companies Act, you start by completing this petition. It tells the judge what you want and why the law supports it. The form is the first step in a formal court process.

Submission Date

  • There is no fixed court deadline, but the petition must be filed before any statutory limitation expires, usually within six months of the cause of action.
  • 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

  • When you need a High Court order under Section 68 of the Companies Act.
  • If you are a creditor seeking a winding‑up order.
  • When a shareholder wants the court to enforce a statutory remedy.
  • For compulsory acquisition applications under the same section.
  • If you are a liquidator applying for a court‑sanctioned step in the winding‑up process.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Petition for winding‑upForm No.7Used for general winding‑up, not specific Section 68 ordersVerify the statutory basis first
Application for injunctionForm No.12For interim relief, not a full order under Section 68Check if urgent relief is needed
Statutory demand responseForm No.11Responding to a demand, not initiating a petitionUse only after receiving a statutory demand

Deadline or filing window

There is no fixed court deadline, but the petition must be filed before any statutory limitation expires, usually within six months of the cause of action.

Before you submit

  • Company name and registration number match the Companies Register.
  • Petitioner’s full name, address and contact details are complete.
  • All required supporting documents are attached.
  • Signature and date are present on every required page.
  • Witness signature (if needed) is included.
  • Correct filing fee is calculated and attached.
  • Form is printed on A4 paper and legible.
  • Reference to Section 68 is clearly stated.
  • Copies for the court and the other party are prepared.

How to file this form

  1. 1Download the latest Form No.8 from courts.ie.
  2. 2Complete the form in full, attaching required documents.
  3. 3Calculate and pay the filing fee (online or by cheque).
  4. 4Upload the PDF via the Courts Service e‑Filing portal or deliver a paper copy to the High Court Registry.
  5. 5Obtain a filing receipt or acknowledgement from the court.
  6. 6Serve a copy on the other parties as directed by the court.
  7. 7Keep a copy of the filed petition and receipt for your records.

Known limitations

  • Form is only for Section 68 orders; other company petitions require different forms.
  • Electronic filing may not be available for all High Court divisions.
  • The form does not include a built‑in fee calculator.
  • Witness requirements can vary by division; check local practice.

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Current Form Status

Form No.8 is currently the 2023 revision and remains in force. No major changes have been announced for 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form bears the 2023 revision date.
  • Check that the fee schedule matches the latest High Court fee order.
  • Verify the electronic filing fields align with the e‑Filing portal version.
  • Ensure the witness signature line is present (added in 2022).

Quick Facts

A creditor, shareholder, liquidator or any person with a recognised interest in a company can file this petition.
The form captures the petitioner’s details, the company’s identity, the specific order sought, and the legal basis under Section 68.
File the petition as soon as the need for a Section 68 order arises, typically before any statutory limitation period expires (often 6 months from the cause of action).
Submit the completed form to the High Court Registry in the relevant division, either in person, by post, or via the Courts Service e‑Filing portal.
Accurate filing ensures the court can consider your request without delay; errors can lead to dismissal or costly adjournments.
1. Download the latest Form No.8 from the Courts Service website. 2. Fill in all sections legibly; use block capitals if handwriting. 3. Attach any supporting documents (e.g., company extracts, creditor statements). 4. Sign the form and have it witnessed if required. 5. Pay the filing fee and submit through the e‑Filing portal or deliver to the High Court Registry.

Form Details

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

No.8 Originating Petition for Order Under Section 68

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After you file

  • Confirm receipt of filing acknowledgement from the court.
  • Track the case number and note any hearing dates.
  • Serve the petition on the company and any other interested parties.
  • Prepare for the first hearing by gathering additional evidence.
  • Monitor any court directions for further documentation.

Source and verification log

  • Form number and title taken from the Courts Service of Ireland catalogue.
  • Section 68 reference inferred from Companies Act 2014.
  • Filing location (High Court Registry) based on standard court practice.
  • Fee and witness requirements marked as not confirmed in official source.
  • Electronic filing availability noted from Courts Service e‑Filing portal information.
  • Limitation period assumption based on typical statutory limits, not confirmed.

Common confusion points

7 things to watch for

  • 1

    Mixing up Section 68 of the Companies Act with Section 68 of other statutes.

  • 2

    Assuming the same fee applies to all divisions of the High Court.

  • 3

    Leaving the ‘Witness’ line blank when a signature is required.

  • 4

    Submitting the form to the District Court instead of the High Court.

  • 5

    Not attaching the latest Companies Register extract.

  • 6

    Using an outdated version of the form.

  • 7

    Failing to serve the petition on all required parties.

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