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Law & Regulation

McNamara fights bid for €96m order against him

Developer Bernard McNamara is resisting an application by private investors for summary judgment orders for €96 million against him...

Nov 10, 2009

New Form H15 for Voluntary Strike-Offs

The requirements for requesting a Voluntary Strike-Off are changing. The letter requesting Voluntary Strike-Off is being replaced by the Form H15....

Sep 1, 2009

Requirement to Have a European Economic Area Resident Director

In Conor Sweeney's recent article on the Companies (Amendment) Act 2009, Conor highlighted one of the main amendments in the Act was the requirement to have a Resident Irish Director...

Aug 18, 2009

Mediation is a better way to resolve commercial and Family business disputes

Disputes and conflict are part and parcel of human society. They are a normal and healthy phenomenon that occurs in the most efficiently-run businesses, but they can, if allowed develop over time, create chaos in the family...

Aug 4, 2009

Investigative phase of DCC insider-dealing inquiry ends

The Inspector appointed to investigate unlawful insider dealing by DCC and its former chief executive, Jim Flavin, relating to the €106 million sale of the DCC stake in Fyffes in February 2000 has concluded the investigative phase of his work, the High Court was told yesterday...

Aug 4, 2009

New Government levy on Life Assurance Premiums

..an individual can receive tax relief when filing their 2008 income tax return for additional pension contributions made up to 31 October 2009. However, due to recent changes...

Jul 29, 2009

“Vehicle of convenience” scheme refused

Mr Justice Frank Clarke turned down the Laragan Developments survival scheme last Thursday because the firm had no independent business or customers of its own and no-one “paid a blind bit of attention” to documents regulating its working relationship with parent company, the Hanly Group...

Jul 29, 2009

Companies (Amendment) Act 2009

Jul 17, 2009

Communications (Retention of Data) Bill 2009

The Minister for Justice, Equality and Law Reform, Mr Dermot Ahern, T.D., has published the Communications (Retention of Data) Bill 2009...

Jul 14, 2009

Companies Amendment Bill 2009

The Companies Amendment Bill 2009 has been passed through all stages of the Oireachtas. The entire Act will take effect as soon as it has been signed by the President...

Jul 14, 2009

Former entrepreneur of the year applies for 'arranging debtor' status

Jul 10, 2009

Establishing an Audit Committee

Sec 42 of Companies (Auditing & Accounting) Act 2003 & Article 41 of 8th EU Directive sets out the requirements for certain company types to establish an audit committee...

Jul 7, 2009

Cleaning up our corporate act

Has the establishment of the Office of the Director of Corporate Enforcement (ODCE) successfully cleaned up Irish corporate practice? Its recent 2008 annual report shows that fewer directors of insolvent companies are being restricted...

Jul 1, 2009

Injunction lifted to reveal E&Y appeal against Equitable ruling

The Accountants' Joint Disciplinary Scheme revealed the latest news in the Equitable saga after an injunction blocking news of the appeal was discharged in the High Court yesterday...

Jul 1, 2009

Major SFA Employment Law Survey Results

The Small Firms Association today, launched the results of their SFA National Employment Law Survey. Speaking at the launch the Assistant Director of the SFA, Avine McNally, stated...

Jun 23, 2009

Director's Duties When a Company is Facing Insolvency

It is well established that the fiduciary and statutory duties of directors are generally owed to the company. However, where a company is insolvent or is threatened with insolvency this fundamental principal changes...

Jun 16, 2009

Managing Liability

The vast majority of directors of SME’s are leaving themselves and their companies heavily exposed to potential legal action, writes Martin Adams of Arachas...

Jun 16, 2009

Wrongful Dismissal

The Supreme Court recently ruled in favour of Dunnes Stores and overturned a High Court decision, awarding an employee a mere €9,079...

Jun 2, 2009

Tanaiste Address on The Companies (Amendment) Bill 2009

Irish Company Law is a significant part of the infrastructure underpinning the development of Irish business. It provides the framework that governs how Irish companies conduct their business, how they communicate with shareholders...

May 19, 2009

Companies (Amendment) Bill 2009

The Government has moved quickly to amend provisions in the Companies Acts in light of the recent economic crisis in Ireland and in particular the banking crisis. On the 9th April 2009, the Minister for Enterprise Trade & Employment introduced the Companies (Amendment) Bill 2009...

May 5, 2009

Charities Act

The Charities Act 2009 was enacted on 28th February 2009. The Act is a significant milestone for all who operate in the not-for-profit, community and voluntary sectors in Ireland...

Apr 20, 2009

Tánaiste confirms Company Law amendments and additional resources for the Office of the Director of Corporate Enforcement

Tánaiste and Minister for Enterprise, Trade and Employment, Ms. Mary Coughlan, T.D., has announced that the Government today, Tuesday, 31st March 2009, approved her proposals to bring forward urgent legislation to amend the Companies Acts...

Apr 17, 2009

Can a Creditor Wind up a Company?

Creditors are looking at every option available to them in order to force companies to pay their debts and this is a situation that is facing a large number of companies at the moment...

Apr 17, 2009

Complying with Company Law When Giving Loans to Directors & Connected persons

A common issue among companies is the giving of loans between companies and to Directors. However, there are company law rules governing the provision of loans and companies need to ensure they are compliant with the law...

Mar 20, 2009

Report on Disclosure of Directors' Loans in Covered Institutions

The Financial Regulator today published its Report into the Examination of Loans to Directors and connected parties at six of the credit institutions covered by the Government Guarantee Scheme for the period December 2005 to December 2008...

Mar 20, 2009

Charities have nothing to fear

Smaller Irish charity organisations will not be saddled with over onerous reporting requirements as part of the new Charities Bill 2007 which is currently being passed through the D�il and Seanad.

Nov 23, 2008

The Charities Bill 2007 expected this autumn

The Charities Bill 2007, highlighting proposed regulation in the Charity Sector, is expected to be put into legislation this autumn. The Bill was first published in March 2006 with a revised Bill being published in April 2007. 'The purpose of the Bill is to enact a reform of the law relating

Nov 14, 2008

Examinerships back in vogue

'Figures published by Experian Ireland Business Information Division, show a significant rise in the overall number of insolvency appointments made in the last quarter of 2007. It also highlighted a marked increase in the number of companies seeking protection from its creditors through the Examinership process.

Aug 7, 2008

CPA welcomes proposals to simplify SME standards

The Institute of Certified Public Accountants in Ireland (CPA) has broadly welcomed moves by the International Accounting Standards Board (IASB) to design a set of simplified reporting standards for SMEs. The IASB originally intended full International Financial Reporting Standards (IFRS) to be suitable for all entities, listed and unlisted, large and small. However the reality is that only some SMEs have been

Oct 11, 2007

ICAI welcomes publication of report by regulatory forum

The Institute of Chartered Accountants in Ireland has welcomed the publication of the report of the Better Regulation Forum. The Forum found that business could benefit to the tune of �500m a year if the regulatory burden was reduced. Speaking on the publication of the report, ICAI Director of Representation and Technical Policy, Aidan Lambe, said:

Apr 26, 2007

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