Bloomsbury Professional's Guide to the Companies Act 2014

Bloomsbury Professional's Guide to the Companies Act 2014
Author: Thomas B. Courtney
Publisher: Bloomsbury Publishing
Total Pages: 319
Release: 2017-04-27
Genre: Law
ISBN: 1780438362

Bloomsbury Professional's Guide to the Companies Act 2014 covers the key areas of Companies Act 2014 in Ireland and walks the reader through the changes and their significance for practitioners. Each chapter is written by an acknowledged expert in that area. This book includes Companies Act 1963 – 2012 and also Companies Act 2014.

Keane on Company Law

Keane on Company Law
Author: Brian Hutchinson
Publisher: Bloomsbury Publishing
Total Pages: 963
Release: 2017-02-03
Genre: Law
ISBN: 1526501627

Keane on Company Law, Fifth Edition (previously: Company Law by Justice Ronan Keane) covers the Companies Act 2014 and is essential reading for students, solicitors and barristers alike. This latest edition of Judge Keane's highly regarded text on Irish company law is substantially revised and updated to cover the Companies Act 2014, as amended up to October 2016, and also covers the many developments in the case-law since the fourth edition was published in 2006. Hardly any aspect of company law is left untouched in some way by the 2014 Act. The Act not only repeals the prior Companies Acts and replaces them with a consolidated code, but also introduces many innovations designed to make companies more accessible to those doing business, and to streamline corporate compliance and procedures. The Act creates two new forms of private company: the private company limited by shares (LTD), which enjoys concessions not previously available to private companies, and the designated activity company (DAC) which more closely resembles to private company known under the former legislation. It also overhauls the requirements relating to other forms of company, namely PLCs, guarantee companies (CLGs) and unlimited companies, while also clarifying and extending the obligations of external companies which operate in Ireland. Among the key changes are the effective abolition of the ultra vires rule, which has applied to all companies up to now, and changes in the requirements relating to the constitutions of companies. The Act also changes the rules regarding company capital, and makes significant changes to the law concerning: the registration of company charges; the conduct of windings up; the passing of written resolutions; and the approval of certain transactions which previously were either prohibited or required Court approval, by a new Summary Approval Procedure involving a special resolution combined with an appropriate declaration by the directors, subject to safeguards to prevent improper use. The Act also codifies the previously common-law fiduciary duties of directors, and substantially modifies the regime regarding disclosure and approval of transactions involving directors. The Act also introduces new procedures whereby Irish companies can be merged or divided. Recent amendments to the Act have added further requirements regarding statutory audit and auditors; and impending changes (addressed in this edition) will alter the regime governing annual financial statements and impose filing requirements on unlimited companies. Meanwhile the courts have been busy, particularly in the areas of restriction and disqualification of directors, and examinership, but also notably in the areas of company charges, reservation of title, financial assistance in the purchase of shares, to mention but a few. All these changes to Irish company legislation are covered in this new edition which continues in the accessible and user-friendly but authoritative style for which previous editions have made the work a renowned standard

Corporate Rescue Law--an Anglo-American Perspective

Corporate Rescue Law--an Anglo-American Perspective
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
Total Pages: 331
Release: 2008-01-01
Genre: Law
ISBN: 1848445105

. . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.

Finance (No. 2) Act 2005

Finance (No. 2) Act 2005
Author: Great Britain
Publisher: The Stationery Office
Total Pages: 172
Release: 2005
Genre: Law
ISBN: 9780105422051

Royal assent, 20th July 2005. An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.

Minority Shareholders

Minority Shareholders
Author: Victor Joffe
Publisher: Oxford University Press, USA
Total Pages: 610
Release: 2011-03-03
Genre: Business & Economics
ISBN: 0199601313

Lucid and practical in approach, this new text provides a definitive treatment of the law in relation to the protection of minority shareholders.

Irish Company Secretary's Handbook

Irish Company Secretary's Handbook
Author: Jacqueline McGowan-Smyth
Publisher: Bloomsbury Publishing
Total Pages: 1956
Release: 2019-09-26
Genre: Law
ISBN: 1784517445

Irish Company Secretary's Handbook examines the company secretarial requirements contained in the Companies Acts and relevant EU regulations. The book includes useful chapters on all areas of company secretarial practice, including annual returns, directors' and auditors' responsibilities as well as statutory disclosure requirements. It gives a clear explanation of the many day-to-day functions of a company secretary along with a large number of up-to-date precedents, practical checklists, step-by-step instructions and best practice guidelines. This practical title covers the wide range of developments that have recently affected company secretarial practice and procedure, most notably Companies Act 2014, the changes to the Criminal Justice legislation, and the introduction of GDPR. For ease of use a downloadable version of all precedents that appear in the book is provided. This is a 'must have' book for company secretaries and assistant company secretaries in company formation businesses, law firms and accountancy practices as well as for law students. Solicitors in private practice, in-house solicitors and accountants will also find this a useful resource.

Reinsurance Regulation:A Contemporary and Comparative Study

Reinsurance Regulation:A Contemporary and Comparative Study
Author: Wallace Wang
Publisher: Kluwer Law International B.V.
Total Pages: 244
Release: 2003-01-01
Genre: Law
ISBN: 904119889X

We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property; and accompanying liabilities; proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This important book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance. In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following: direct supervision of reinsurers versus supervision of reinsurance policies models from developed countries (US, UK, EU) and international organisations (Organization for Economic Cooperation and Development, International Association of Insurance Supervisors) the importance of taking legal and economic differences into account while applying models the problem of local protectionism, especially in developing countries the dismantling of trade barriers in the reinsurance industry global harmonization of reinsurance regulation the role of reinsurance intermediaries finite risk reinsurance insurance-linked securities. The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment. As a meticulously considered appraisal of, and solution to, a world problem that is growing quickly and uncontrollably, Reinsurance Regulation will be of immense value to lawyers, professors, academics, and officials who deal with any facet of economic law.

Reform of UK Company Law

Reform of UK Company Law
Author: John De Lacy
Publisher: Routledge
Total Pages: 751
Release: 2013-03-04
Genre: Law
ISBN: 1135337977

With the completion of the DTI-sponsored Company Law Review, the reform of company law has now become a very important subject of study. This new book is a must for all those interested in the development and reform of UK company law. The book collates the work of leading authorities on company law, including members of the judiciary and the Law Commission, and individuals from the worlds of professional practice and academia. All main areas of company law are covered, including directors' duties; corporate governance; minority protection; ultra vires; company charges; and human rights and the company, as well as a comprehensive analysis of the work of the Company Law Reform Steering Group. The central purpose of this book is to analyze the current state of play and to note, in particular, the work of the Company Law Review Group. Critical analysis and suggestions on how company law should be reformed are also offered.

Companies Act 2014: 2018 Edition

Companies Act 2014: 2018 Edition
Author: Bloomsbury Professional
Publisher: Bloomsbury Publishing
Total Pages: 1508
Release: 2019-06-06
Genre: Law
ISBN: 1526509237

The redrafting of the Companies Acts 1963–2012 ushered in significant changes to Irish company law and all company law practitioners and company law students in Ireland will need to be up to speed with the new Act's provisions. In this new edition, the Companies Act 2014 is updated to account for all changes to it, up to and including the Companies (Statutory Audits) Act 2018. The 2018 Act makes over 50 significant changes to the 2014 Act, most of which relate to the statutory audits of annual accounts and consolidated accounts. The Companies Act 2014: 2018 Edition is the only fully consolidated, single-volume, hard-copy edition of this Act.

Governance of Distressed Firms

Governance of Distressed Firms
Author: David Milman
Publisher: Edward Elgar Publishing
Total Pages: 218
Release: 2013-01-01
Genre: Law
ISBN: 1781000190

ÔThe corporate governance of companies in financial difficulty is an issue of great importance for the satisfaction in insovlency of the conflicting interests of the various stakeholders. It also raises significant public interest concerns. With analytical skill commensurate with his reputation as a leading corporate law scholar, David Milman has provided a masterly study of this very complex topic that often seems shrouded in mystery to all those outside a narrow circle of insolvency experts. MilmanÕs book is comprehensive, sheds light in many complex and challenging aspects of distressed company governance, and provides a set of insightful proposals for reform of requisite UK law and practice. Clarity of analysis coupled with originality of approach means that this book will be a major addition to corporate law scholarship.Õ Ð Emilios Avgouleas, The University of Edinburgh, UK ÔThis is an important and timely book which makes a really valuable contribution to corporate law scholarship. It brings together for the first time, two crucial aspects of the law in its consideration of the application of corporate governance to firms facing insolvency. In the current environment, this is a book which academics and practitioners alike will find invaluable. Professor Milman is one of EuropeÕs foremost experts in insolvency law and his mastery of the subject is evident in this clear exposition of an important topic. I particularly liked the manner in which Professor Milman fuses theory, law and practice giving the reader the benefit of his own expert insight and experience. His style of writing makes it accessible to all readers.Õ Ð Blanaid Clarke, Trinity College Dublin, Ireland ÔAnglo-American corporate law scholarship focuses obsessively on the governance of large, public corporations. It has little to say about the governance of financially distressed firms and less still to say about the governance of small businesses, even though SMEs are the bedrock of any functioning national or regional economy. In the Governance of Distressed Firms, David Milman, one of the UKÕs leading and most influential commercial law scholars, redresses the balance. His original and timely book provides a critique of the current legal framework applicable to directors and insolvency practitioners together with a blueprint for reform. Informed by practical and comparative insights, it deserves to be widely read.Õ Ð Adrian J. Walters, IIT Chicago-Kent, US ÔThis is a bold and exciting monograph, which breaks new ground in exploring the concept of corporate governance as applied to and within insolvent firms, concentrating mainly on small firms. Intellectually acute, with deep comparative insights, Governance of Distressed Firms also has indisputable practical value, especially given the huge growth in the commitment, by dozens of countries, to business rescue and reorganization. Scholars and practitioners alike will be very indebted to David Milman for this volume.Õ Ð Harry Rajak, University of Sussex, UK This detailed book examines how the law can provide a discrete governance regime for financially distressed firms. The concept of a distressed firm covers businesses that are struggling, but have not yet entered formal insolvency, as well as those businesses that are undergoing a formal insolvency process. With reference primarily to English law, this study encompasses both limited liability companies and limited liability partnerships with a focus on the regulation both of company directors and insolvency practitioners. It offers recommendations for improvements in governance mechanisms and notes that many of the governance shortfalls that occur can be related to the ease of access given to those who wish to trade with the benefit of limited liability. Providing an up to date analysis in a fast evolving area of law, this book will appeal to academics, postgraduate students, practitioners and policy makers.