Incorporation

Types of Company

Overview I The vast majority of existing corporate bodies have been formed as companies by registration under the Companies Acts. The Companies Act 1963 and its predecessor Acts dating from 1908 have provided for broadly similar categories of company.… Read the rest

The Registrar

The Companies Registration Office The Companies Registration Office is the public registrar of information in relation to companies. It maintains a file for each company. It registers and maintains filings of a wide range of company documents.… Read the rest

The Constitution

2014 Act Constitutions I The Companies Act, 2014 provides for new types of company constitution. A limited company’s constitution is now a single document, containing or incorporating clauses which formerly would have been comprised in the memorandum and articles of association. … Read the rest

Re-registration

Pre-2014 Re-Registration 1983 legislation derived from an EU Directive, effectively required the re-registration of existing public companies as public limited companies (plcs) with a minimum capital. The minimum issued share capital, which a public company was required to have was set at €38,092.14 (£30,000 pounds) at that time.… Read the rest

Powers

Abolition of Ultra Vires Rule for LTDs I Companies formed under the earlier Companies Acts were required to have objects. They could act validly, only in accordance with their objects. This contrasts with the position for companies formed by Charter or Royal Patent, which are entitled to do anything which an individual may do, subject to the limitations in their Charter, Constitution, rules or bye-laws.… Read the rest

Name

Requirement for Company Name A registered company must have a name. The word “limited” or its Irish equivalent “teoranta”, must generally appear at the end of the name of a private limited company. Other suffixes, which signify their status, are required in respect of designated activity companies, public limited companies, companies limited by guarantee and unlimited companies.… Read the rest

Memorandum & Articles

Pre-2014 Act Constitution I Companies incorporated under pre-2014 Act legislation continue to have their original memorandum and articles of association as their basic governing rules, as modified by the 2014 Act mandatory rules, unless and until a new constitution is adopted. … Read the rest

Litigation & Crime

Rights and Liabilities A company has the rights and obligations of a natural person. It can take legal action and be the subject of legal action. It can sue and be sued for civil wrongs, breach of contract and other legal duties.… Read the rest

Formation

Incorporation I A company is formed by the filing of papers in the Companies Registration Office. The formation documents are filed together with the draft constitution signed by the initial incorporators or promoters. The CRO issues a Certificate of Incorporation.… Read the rest

Corporate Identity

Separate Legal Person A company has a separate legal personality. This means that it is a separate legal person. It can sue and be sued. It can hold property. It incurs liability for a civil wrong or breach of contract.… Read the rest