Company Law

Cian McGoldrick BL considers recent examinership proceedings before the Irish courts and contends that they serve as an excellent example of the potency of the corporate insolvency regime in this jurisdiction. The recent examinership proceedings before the Irish High Court involving the well-known g

UK law firms and accountants that fail to do enough to prevent fraud are the target of the UK government's Economic Crime and Corporate Transparency Bill. The government intends to introduce a new offence in the bill, when it makes its way to the Lords, that will be based on similar offences for bri

The Law Reform Commission has published a "plain English" version of its consultation paper on the liability of clubs, societies and other unincorporated associations. The plain English version is designed to generate participation by the general public in the consultation process and to encourage d

The High Court has restored a company to the Register of Companies despite objections from the director that the applicant had no locus standi to bring the application. The applicant was the assignee of loans which had transferred after the strike off from the Register and the director claimed that

The Law Reform Commission has published a consultation paper on the liability of clubs, societies and other unincorporated associations. The new consultation paper, which forms part of the body's fifth programme of law reform, examines issues relating to civil and criminal liability, including matte

A senior Irish lawyer has criticised a European court ruling restricting access to information about company ownership on privacy grounds as "a gift to money launderers and their credulous allies". Paul Egan SC, a senior consultant at Mason Hayes & Curran LLP and chair of the government's Compan

McCann FitzGerald partner Garreth O'Brien and senior associate Heather McMahon consider a significant High Court decision on company law. For the first time, the High Court has pierced the corporate veil to make directors and shadow directors personally liable for the fraud of a company.

Eamon Jones and Clare Dowling of LK Shields consider a recent court ruling on minority shareholder oppression and costs. A recent decision of the Court of Appeal showcases the potential of section 212 of the Companies Act 2014, which provides for remedies for shareholders in cases of oppression, upo

Richard Gray, partner and head of corporate at Belfast-based Carson McDowell, welcomes new clarity on creditor duty. The UK Supreme Court considered the existence, content, and engagement of ‘creditor duty’ for the first time ever in the matter of BTI 2014 LLC (Appellant) v Sequana SA an

Matthew Austin, partner at Hayes solicitors, examines a court ruling clarifying directors' duties under the law. In the recent case of Fennell v Appelbe, both the High Court and the Court of Appeal confirmed the restriction of a director of an insolvent company for a period of five years. The courts

Pinsent Masons partner Neil Keenan has been appointed to the Company Law Review Group (CLRG). Following his appointment by Leo Varadkar, the Tánaiste and minster for enterprise, trade and employment, Mr Keenan will serve as the Law Society of Ireland's representative on the group for a f

Darryl Broderick of RDJ LLP writes on a recent Court of Appeal decision concerning directors' obligations under the Companies Act. Section 819 of the Companies Act 2014 operates to restrict directors of insolvent companies from being appointed or acting as a director or secretary of a company and fr

The new Corporate Enforcement Authority (CEA), empowered to crack down on corporate wrongdoing, has been formally established from today. The statutory independent agency, created under the Companies (Corporate Enforcement Authority) Act 2021, is charged with investigating and prosecuting breac

A consultation has been launched on proposals for a new legislative framework for co-operative societies. The Department of Enterprise, Trade and Employment is seeking the view of interested parties on certain aspects being considered for inclusion in a forthcoming bill.

Landmark legislation to transform the Office of the Director of Corporate Enforcement (ODCE) into a statutory and independent Corporate Enforcement Authority (CEA) has cleared the Oireachtas. The Companies (Corporate Enforcement Authority) Bill 2021 will now be sent to the president for his signatur