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Companies Act 2014: New Company Constitutions & How To Change

Posted by Corplaw on Jun 16, 2015 9:15:00 AM

With the commencement of the Companies Act 2014 (“CA 2014”) on 1 June 2015, directors of existing private limited companies need to decide which company type under the new Act is most suitable for them, either a Designated Activity Company (“DAC”) or the new model company type of Company Limited by Shares (“LTD”), and amend or prepare new constitution documents accordingly.

For the duration of the 18-month transition period, existing private companies limited by shares will operate under the DAC  legislation, so company directors should seriously consider converting sooner rather than later in order to take advantage of the less burdensome obligations provided for the new LTD company type. 

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Topics: Ireland, Legal, Incorporations

Ireland’s Companies Act 2014: Why You Should Act Now

Posted by Corplaw on May 5, 2015 9:30:00 AM

The Choice

The Companies Act 2014 will commence on 1 June 2015. It heralds the introduction of two new private company types, the Designated Activity Company (“DAC”) and the Private Company Limited by Shares (“LTD”). Existing private limited companies, which account for over 90% of companies on the Irish register, must choose to become either a DAC or LTD company.

Although a default position exists, deferring the decision to become either a DAC or LTD company is not recommended. This article advises of the benefits to be gained from proactively making a decision in early course.

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Topics: Ireland, Legal, Incorporations, Compliance

Choosing A Company Name In Ireland

Posted by Corplaw on Apr 7, 2015 12:20:00 PM

Making A Name For Yourself

When incorporating a company, choosing the right company name is important. A company name must be unique. A name that is identical or overly similar to one which already exists will not be registered.

Where there is a similar company name in existence which obstructs the registration of a company name, it is possible to furnish the Companies Registration Office with a Letter of No Objection from the existing company to the use of the proposed name. For example, where the two companies will be associated or where the beneficial owner of both companies is the same.

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Topics: Ireland, Legal, Incorporations

A Branch V A Place Of Business

Posted by Corplaw Admin on Jul 22, 2014 9:30:00 AM

The Companies Act of Ireland governs not only those companies formed and registered in Ireland (“the State”) but also applies to external companies, formed in foreign jurisdictions, who wish to establish a place of business or a branch in Ireland.

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Topics: Ireland, Legal, Incorporations

Converting From An Unlimited Company To A Limited Company

Posted by Corplaw Admin on May 27, 2014 9:30:00 AM

In Ireland, unlimited companies have the option to re-register as a limited company with the Companies Registration Office (“CRO”). It is important to note that an unlimited company may only re-register as a limited company if it has not previously been a limited company when it was originally formed.

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Topics: Ireland, Legal, Incorporations

Filing Requirements For Unlimited Companies

Posted by Corplaw Admin on Apr 29, 2014 9:30:00 AM

This blog will examine the filing requirements for Irish unlimited companies and explore how they differ from the requirements for limited companies. 

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Topics: Ireland, Legal, Incorporations

Voluntary Strike Off - An Overview

Posted by Corplaw Admin on Apr 15, 2014 9:30:00 AM

If a company has ceased trading and the directors have made the decision to wind up the business, it is very important for directors to ensure that the company is wound up in full compliance with all relevant legal requirements. 

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Topics: Ireland, Directors, Incorporations

Different Types Of Irish Public Companies

Posted by Corplaw Admin on Jan 7, 2014 9:30:00 AM

In Ireland, company law allows for the incorporation of the following public companies:  

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Topics: Ireland, Legal, Shareholders, Incorporations

Filing Requirements For Foreign Companies Registering An Irish Branch

Posted by Corplaw Admin on Nov 19, 2013 9:30:00 AM

A foreign company which establishes a branch in Ireland must be registered with the Companies Registration Office (“CRO”) under the E.C. (Branch Disclosures) Regulations 1993 (S.I. No. 395 of 1993). Registration must take place within one month of the establishment of the branch in the State.

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Topics: Ireland, Incorporations

What You Need To Know About Company Letterheads

Posted by Corplaw Admin on Oct 8, 2013 9:30:00 AM

Companies incorporated in Ireland must be aware of their obligation to disclose certain information on their company letterheads and order forms. The rationale behind such obligations is that creditors, customers and general members of the public should be able to ascertain from whom they should seek redress should they feel the company has wronged or caused damage to them.

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Topics: Ireland, Incorporations