It is one of the most common discoveries in Irish conveyancing: the sale is agreed, the purchaser’s solicitor runs the standard enquiries, and the development’s owners’ management company turns out to have been struck off years ago — quietly, for unfiled returns, while volunteer boards turned over and nobody watched the register. The consequences are development-wide. So, fortunately, is the cure.
Mary Molloy Solicitors are solicitors, not accountants or tax advisers. Nothing on this page is tax, accounting or financial advice — engage your accountant on those questions, and both advisers together where matters straddle the line. Company law procedures, CRO practice and filing deadlines change frequently, and reform of the law governing owners’ management companies and charities is ongoing; confirm the current position before acting on anything here.
What Dissolution Does to a Development
- The common areas are in State hands: a dissolved company’s property vests in the State — the entity that “owns” your halls, roof and grounds no longer exists to own them;
- Sales freeze: the MUD pre-contract enquiries surface the dissolution, and purchasers’ solicitors advise accordingly;
- Insurance doubt: the policyholder has ceased to exist — a sentence no owner wants read aloud after a fire;
- Authority vacuum: charges, contracts and management all stand on a company that isn’t there — the full anatomy of dissolution at what happens next.
The 6-Year Mercy
The MUD Act’s most practical gift: while ordinary companies get the administrative CRO restoration route for just 12 months, OMCs get it for 6 years — the Oireachtas legislating for a failure mode it knew was epidemic. Within the window: the outstanding filings assembled and lodged, requirements met, the register corrected without court. Beyond it, the court routes run for up to 20 years, heavier but entirely available — the general map is at the restoration guide. Either way the direction of travel is identical: earlier is easier, and the discovery moment — usually someone’s stuck sale — is the latest sensible moment to start, not the earliest.
Restore the Company, Fix the Cause
The restoration exercise should double as the governance reset: returns current, a board actually elected within section 16’s three-year terms, the s.17 meeting-and-report rhythm restarted, someone owning the filing calendar — because a restored OMC that resumes not filing is on the same road with less runway. Five minutes on the OMC Health Check tells any owner or board where their development stands; the full practice, either chair, is at the OMC hub.
Development's Company Dissolved?
Bring the CRO printout and the dissolution date. One call establishes the route, the requirements and how to fund it as the development expense it is.
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OMC Strike-Off - FAQs
About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising company directors, shareholders, family businesses, owners’ management companies, clubs and charities across Ireland. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to this work, where shareholder, family-company and apartment-block disputes are relationship disputes first, and where the MUD Act itself empowers the Circuit Court to direct parties to mediation. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.