The prohibition on a company offering financial assistance for the acquisition of its own shares represents one of the easiest ways in which a company can inadvertently breach the rules and regulations provided for in the Companies Act 2014. Careful consideration of this rule is required as a company acting in breach of the rule […]
Guide to the GDPR – Outline of Stringent New Data Protection Obligations
The EU General Data Protection Regulation (GDPR) comes into force across the EU on 25th May 2018. The Regulation dramatically increases the obligations and responsibilities of businesses and organisations which control or process data. As these new obligations and responsibilities are paired with severe new sanctions, businesses should take the time to ensure their compliance in advance of the Regulation coming into force.
The EU Anti-Money Laundering Directive has created new rules that require companies to gather and store information about their beneficial owners. The regulations have introduced a two stage process: Companies are currently required (as of the 15th of November 2016) to maintain current accurate information on their beneficial owners on an internal register. The establishment […]
Guide to the GDPR – Outline of Stringent New Data Protection Obligations The EU General Data Protection Regulation (GDPR) comes into force across the EU on 25th May 2018. The Regulation dramatically increases the obligations and responsibilities of businesses and organisations which control or process data. As these new obligations and responsibilities are paired with […]
High Court rejects appointment of barrister as ‘Direct Access Counsel’ In a recent decision the High Court refused an application for the appointment of a barrister as a direct access counsel, (meaning a barrister acting without the instructions of a solicitor). In doing so Mr. Justice Gilligan addressed important issues about the interaction between professional […]
O’Connor Solicitors has been ranked as a leading firm in Chambers Europe 2017 where the firm is recognised for its strength on a wide range of issues that include commercial litigation, commercial leases and property transactions, employment and trade union law, regulatory advice and hearing, mediation, insurance and commercial agreement, charity and trust law and […]
We are delighted that both Ruth O’Connor and George O’Connor have been ranked by the prestigious Chambers Europe 2017 as leading practitioners in their particular fields. Ruth has been ranked her work in regulatory compliance and statutory frameworks in the medical arena, as well as handling contentious employment law matters. George has also been ranked […]
The Charities Regulator has this month launched a very useful guide in relation to Charity Trustees which can be viewed by clicking on the link below. http://bit.ly/CharRegTrusteesGuide
The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 came into force on 29th April 2016. All individuals and organisations working with children and vulnerable persons, or with regular access to or contact with them, should be aware of their obligations under this new legislation. Who is to be vetted Under the new legislation, […]
Operational Parts of Act as at 1st September Parts 1 (Prelim. & General), 2 (Registration), 3 (Code & Guidance) and 5 (Misc.) Effective from the 1st September 2015. Critically Part 4 (enforcement) is not yet in operation (likely to come into effect some time after first review of Act in 2016);…
This is a general summary overview of your Role and Duties as an Executor in respect of the administration of the Estate which may be of assistance to you and answer some questions you may have regarding your role. Your function as an Executor (also called a Legal Personal Representative) is to extract a Grant […]
Thompson Reuters publishes Guide to Charity Law in Ireland prepared by John C. O’Connor and Helen McGrath, O’Connor Solicitors. http://global.practicallaw.com/8-632-9148
Thompson Reuters publish Guide to Charity Law in Ireland prepared by John C. O’Connor and Helen McGrath, O’Connor Solicitors http://global.practicallaw.com/8-632-9148
On the 5th of September 2016, Part 4 of the Charities Act 2009 will come into operation. Part 4 of the Act provides for the protection of charitable operations, the investigation of Charities’ affairs, and the appointment of Inspectors.
Data privacy at work. As with all rights, they bring responsibilities; they are not unqualified. The right to privacy is frequently balanced with the exigencies of the common good; it is fair to say that the Courts have typically left both privacy and the exigencies of the common good without rigid parameters. We must default […]
Benefacts.ie was launched on the 18th May, 2016. This is a new online database of 18,600 Irish Non-Profits. Benefacts will provide searchable access to regulatory, financial and governance data about the non-profit sector which employs almost 108,000 and turns over more than €7bn in annual revenues. The Benefacts database includes all registered charities and thousands […]
As a society, we need to have confidence in the companies that we do business with. We want to know that they will be run in a responsible way by their directors and officers. The Companies Act 2014 (“the Act”), for the first time codifies, the duties and obligations of company directors and officers. Part […]
REBRANDING, CHANGE AND EMPLOYMENT LAW When a company is contemplating a change of brand, a vital part of the change management process is engagement with employees. A change in brand, focus and company culture affects employees. They are the people who will be tasked with managing and supporting the changes that a rebranding will bring. […]
The firm has been advising Charities and Charitable Trustees for many years on various aspects of Charity Law, including :- Obtaining CHY Number from Revenue Drafting Deeds of Trust and Deeds of Appointment of New Trustees Applications to the CRA under the Charities Acts Property matters Governance O’Connor Solicitors hosted the Charities Conference 2014 where […]
CHARITIES ACT 2009 Duties and Liability of Charitable Trustees The Charities Act 2009 (“the Act”) was, according to its Explanatory Memorandum, introduced to “ensure greater accountability and to protect against abuse of charitable status and greed”. One of the means by which the Act achieves this objective is through the introduction of a number of […]
The much anticipated changes to the Capital Acquisitions Tax (Gift and Inheritance) regime proved somewhat disappointing in the Budget some months ago which only saw a 24% increase in the tax free threshold for assets transferring from a parent to a child, increasing the threshold from €225,000 to €280,000. The Budget brought about no changes or reductions to the current rate of tax (33%) or to increasing the tax free allowances for beneficiaries of estates, or recipients of gifts, other than children.
On the 23rd of December 2014 the President signed the Companies Act 2014 into law. The bulk of the new Act commenced in the summer of 2015 and now replaces the Companies Act 1963-2013. The Act is the largest single piece of legislation in the history of the State with over 1400 sections and runs to over 1100 pages. Notwithstanding this, the purpose of the Act is to simplify the law for private limited companies with shares, and to simplify a number of procedures and to up-date and codify matters such as directors’ duties.