business_partnershipAre you interested in starting up a small business as a partnership, or do already have a small or medium sized enterprise and want to bring in someone new as a partner?

If you answered “yes” to either of these questions then there are certain legal partnership agreements that you will need to consider.

Billy Hawkes Data Protection CommissionerWhat are the Duties of a Data Controller

The following information comes from the office of the Data Protection Commissioner. 

A data controller is the individual or the legal person who controls and is responsible for the keeping and use of personal information on computer or in structured manual files. Being a data controller carries with it serious legal responsibilities, so you should be quite clear if these responsibilities apply to you or your organisation. If you are in any doubt, or are unsure about the identity of the data controller in any particular case, you should consult your legal adviser or seek the advice of the Data Protection Commissioner. 

 Originally published in 2013

How Many Directors must the Company Have?

A minimum of two Company Directors are required. (Corporate Directors are not allowed.) A Director can be of any nationality. One of the Company Directors must be "resident" in Ireland. In the absence of a "resident" director a bond in lieu in the sum of €25,395 must be lodged. A "resident" person is one who is present in the State for an aggregate period of 183 days or more each year or the previous year. 

How to close a Limited Company

If the company has ceased trading (or has never traded and is not going to do so) it should be taken off the Register of Companies.

This is vital for two reasons:

Company Letter-Heads

The following particulars must be shown on all company headed paper;

The full name of the company (Ltd., may be used for Limited); 

The names and any former names of the directors and their nationality, if not Irish;

 originally written in March 2013

For various reasons, certain companies that are limited by shares or by guarantee find it in their interests to carry on business without the inclusion of "Limited" or "Teoranta" in their name. Whilst members of a company can decide by special resolution to change the corporate name, they are not allowed to pass a resolution in favour of a change of name that deletes either of the above-mentioned words.

What is needed to form an Irish company?

In order to form an Irish company, the entity must have two designated directors and one company secretary. One director may also act as company secretary. 

The directors can be of any nationality but one director must be an Irish resident and the registered company must have its address in the Irish republic. 

Foreign nationals must provide copy of passport. 


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