Commercial and Company Law
South East Ireland, and Waterford in particular, is becoming an increasingly popular base for some of the country’s most successful businesses. In recent years, well-known brands such as AOL, Genzyme and Sunlife Financial have chosen to develop their businesses in the area, increasing the demand for a cutting edge commercial legal service.
At M.M. Halley & Son, we have over 70 years’ experience as a family firm of specialist company law solicitors, offering a leading commercial service to quality clients in Waterford, Wexford and Kilkenny. We deliver expert and innovative commercial advice on a diverse range of issues, helping to underpin growth and add value to local businesses.
The importance of expert advice
Company law and the regulation of business activities is a complex area. Commercial transactions can be a particularly intricate and precarious process, and it is extremely important the parties involved protect themselves with the best possible legal advice.
While business often involves a balance of risk and reward, the assistance of our specialist commercial law solicitors helps organisations to eliminate unnecessary risk, while effectively maximising potential reward. With significant experience serving SMEs, PLCs and multinationals, we are perfectly positioned to deliver the incisive and intelligent legal advice corporations of every size need to achieve their goals.
How we can help
We provide practical and professional advice on a broad range of contractual issues and the drafting and negotiation of commercial agreements and arrangements, including:
- Mergers, acquisitions and disposals
- Agency and distribution
- Buying and selling
- Confidentiality agreements
- Franchise agreements
- Outsourcing and logistics
- Use of consultants
- Outsourcing arrangements
- Distribution and franchise agreements
- Agency agreements
- Terms and conditions for the supply of goods and services
- Collective purchasing
- Manufacturing and services arrangements
We place our emphasis on building lasting relationships with our clients to operate as an effective extension of their management team.
What is the difference between a limited company and a sole trader in Ireland?
A limited company is a separate legal entity from its owners, offering limited liability protection to its shareholders. A sole trader is an individual running a business, personally responsible for all aspects of the business, including debts and liabilities.
To set up a limited company, you need to choose a company name, register with the Companies Registration Office (CRO), create a constitution (memorandum and articles of association), and appoint directors and a company secretary.
Directors of Irish companies must comply with various legal obligations under the Companies Act, including maintaining proper company records, filing annual returns, and acting in the best interest of the company.
Yes, non-residents can form a company in Ireland. However, at least one director must be a resident of the European Economic Area (EEA), or a bond must be put in place or an insurance policy to cover potential liabilities.
Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. Good corporate governance is important for ensuring accountability, fairness, and transparency in a company’s relationship with its stakeholders.
Key considerations include clearly defining the parties’ rights and obligations, confidentiality clauses, dispute resolution mechanisms, termination conditions, and ensuring the contract complies with relevant laws and regulations.
Intellectual property (IP) can be protected through various means, including patents for inventions, trademarks for brand identity, copyrights for original works, and design rights. It’s important to legally register these where applicable.
The General Data Protection Regulation (GDPR) has significant implications for how businesses collect, store, and process personal data. Irish businesses must ensure compliance with GDPR, which includes obtaining explicit consent for data collection and ensuring data security.
What should be included in a shareholder’s agreement?
A shareholder’s agreement should include provisions on the management of the company, shareholder rights and obligations, how shares can be transferred, dispute resolution, and how decisions are made.
How does company law in Ireland address insolvency and bankruptcy?
Company law in Ireland provides mechanisms for dealing with insolvency, including liquidation, examinership, and receivership, each with specific processes and implications for directors and creditors.
What are the legal considerations for an Irish company trading internationally?
Companies trading internationally must consider compliance with international trade laws, export and import regulations, tax implications, foreign investment laws, and ensure contracts are enforceable across jurisdictions.
Yes, under certain circumstances, a company can be held liable for the actions of its employees, especially if these actions are carried out in the course of their employment.
For specific legal issues or detailed guidance, consulting with a qualified solicitor or legal expert in company and commercial law is recommended. Contact Fiona Ormond today if you require legal advice on any area of commercial and company law or email us at firstname.lastname@example.org.
Contact Fiona Ormond for Your Commercial Law Needs
To arrange an initial consultation with an experienced, specialist team of commercial law solicitors in Waterford, Wexford and Kilkenny, please call 051 874 073 or email: email@example.com