Business Start-Up FAQs
Q: A concerned Company Secretary contacted Malcomson Law and indicated that they were concerned that they may not be complying fully with all the Company Secretarial Requirements and that they may get into trouble with the Director of Corporate Enforcement. How can Malcomson Law assist ?
At Malcomson Law we provide a full range of company secretarial services from incorporation to liquidation and advice on all aspects of company law compliance.
We maintain and manage corporate compliance for many companies as well as advising and ensuring that corporate compliance matters, which arise in the context of transactions, are properly carried out.
This includes:
- Company formation
- Organising the holding of annual general meetings, preparing relevant documentation and attending to filing of annual returns
- Attending meetings, preparing minutes and resolutions for shareholders and directors meetings
- Preparing and filing Companies Registration Office returns
- Maintaining company registers
- Reinstating companies that have been struck off the register
- Compliance services, including carrying out compliance reviews to assist Company Secretary & Directors
Q: I want to purchase or sell a Commercial Property
For many years we have being acting for many leading developers, investors, landlords and tenants and we pride ourselves in handling their projects from inception to completion.
At Malcomson Law we work with our clients to achieve their objectives as a willing & efficient business partner.
Our experience will ensure that your project is dealt with efficiently.
The legal services provided by the Malcomson Law Commercial Team include:
- Purchase, sale and financing of commercial property
- Development schemes and project finance
- property joint ventures
- VAT and other property tax issues
- Drafting and negotiation of commercial leases, business lettings and rent reviews
- Planning and environmental issues relating to property
Q: I have invented something and I want to protect it but I am not sure how?
The law on patents is contained in the Patents Act, 1992. The Patent Rules were also enacted in 1992 to deal with the administration of patents by the Patents Office and with the powers of the Controller of Patents in relation to the regulation of the patent regime.
Q: Is my Invention Patentable?
For an invention to be accepted as a being patentable the following requirements for patentability must be met:
- The invention must be new
- The invention must also represent an inventive step
- The invention must be industrially applicable
This is a very specialised area of the law which draws upon many aspects from the science and engineering fields. Malcomson Law work closely with these experts to ensure that your invention is afforded the best possible legal protection.
Q: My product is protected by Patent but it has been infringed
This occurs when someone in this state without the consent of the proprietor of the patent, makes, offers or puts on the market a product which is the subject matter of such a patent or uses a process which is the subject mater of a patent knowing that the use of the process is prohibited.
Malcomson Law can bring civil proceeding on your behalf for the alleged infringement (S.47 Patents Act, 1992) as the commercial team at Malcomson Law possess considerable experience in such actions. In addition to the Irish domestic legislation outlined above there are a number of relevant international conventions.
- The Paris Convention, 1883
- The Patent Co-operation Treaty, 1970
- European Patent Convention, 1973
- The Community Patent Convention
Q: I want to develop a Commercial Site and I am concerned that I may not get approved for Planning. What can I do?
The original Local Government (Planning and Development) Act 1963 and the wide range of subsequent planning legislation were consolidated and updated in the Planning and Development Act 2000.
The 2000 Act introduced several changes with the intent of challenging planning defaulters.
As a consequence, of the extensive planning & environmental law experience garnered at Malcomson Law over many years, the Commercial Team can boast a thorough knowledge of the detail in planning legislation & case law referable to developers.
At Malcomson Law, we emphasise that planning authorities have increased powers which include:
- A warning letter (Section 151)
- An Enforcement Notice(Section 155 or 156)
- A planning Injunction(Section 160)
- Criminal Sanctions (Section 157)
Compulsory Acquisition of Land
Malcomson Law have wide experience in the planning law aspects of statutory processes relating to land acquisition for road and motorway construction and other public projects.
The Malcomson Law commercial team has acted in many situations for persons & businesses that have had their properties compulsorily acquired by local authorities.
For further information, please contact Malcomson Law by calling 01 874 4422 or by filling out an Online Enquiry Form.