Examinership rescued companies but priced out small ones; SCARP — the Small Company Administrative Rescue Process, introduced in 2021 and refined by the 2024 Act — is the remedy sized for the rest of the economy: the shop, the contractor, the services company that trades well but owes too much. Court-light, process-adviser-led, and built for exactly one thing: the viable business inside the broken balance sheet.
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.
The Shape of the Process
- Eligibility: small and micro companies, insolvent or heading there, with a reasonable prospect of survival;
- The process adviser: an insolvency practitioner who assesses viability, formulates the rescue plan and runs the creditor process — while the directors keep running the business;
- The plan: debts restructured to what the viable business can carry, approved through statutory creditor machinery with class voting and objection routes;
- Court-light by design: the administrative architecture is where the speed and affordability live, with court available where objections require it.
The Honest Assessment First
SCARP’s gateway question — is there a viable business in here? — deserves an honest answer before the process, not during it. That answer is built with the accountant (the numbers are theirs; the consequences ours) and it sorts companies into their real categories: the rescuable, who should move now; and the finished, for whom an orderly ending is the better service — both mapped at the insolvency practice. What serves nobody is the middle path of waiting: SCARP is a speed-sensitive remedy, and creditor patience, cash and trading relationships are the fuel it runs on.
The Directors’ Dimension
A genuine rescue attempt is stewardship evidence of the best kind — trouble recognised, advice taken, statutory machinery engaged — the record that answers section 819 scrutiny before it is raised. Run the twin tracks from the first meeting: the company’s rescue, and the directors’ documented conduct through it — decisions minuted, creditors’ interests visibly weighed, the duties performed on paper. Companies fail honestly all the time; SCARP exists so the viable ones don’t have to, and the record exists so the honest directors can prove it either way.
Trading Well but Owing Too Much?
That is SCARP's exact customer - and a speed-sensitive one. One call with the accounts on the table starts the honest assessment.
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SCARP - 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.