Becoming a Company Director

The directors have the main responsibility for managing the business of a company. By agreeing to become a director, someone agrees to take on onerous and wide duties under company law. It is not an appointment that should be taken on lightly as there are serious consequences if someone is found to be in breach of those duties. In the … Read More

Residential Tenancies and Valuation Act 2020

The Residential Tenancies and Valuation Act 2020 was signed into law on 1 August 2020. It replaces the tenant protections of the previously enacted Emergency Measures in the Public Interest (Covid-19) Act 2020. That earlier legislation contained a very wide prohibition against all tenancy evictions for any reason during the emergency period that (following later extensions) eventually ran from 27 … Read More

Shareholders’ agreements and minority shareholder rights

The Companies Act 2014 grants minimum protections to a minority shareholder in a private company. Firstly, so long as a minority shareholder has more than 25% of the voting rights, they can block special resolutions being passed by the other shareholders. Special resolutions are required to pass certain key decisions in company law, such as to change the constitution of … Read More

Case Update: injunction against eviction of commercial tenant

The High Court has granted an interim injunction against the eviction of a commercial tenant from a warehouse. The case involving the tenant Design Features Limited was heard by Justice Humphreys. The tenant had notified the landlord that it would be unable to meet its rent obligations under its lease this month as a result of the Covid-19 pandemic. Consequently, … Read More

Essential Services Continuity Update

Tom Collins & Company Solicitors remains open and we are working remotely, however our office is closed following the issuance of the latest government stay at home direction. You can contact any solicitor by email and we will endeavour to respond as soon as possible. The only circumstances in which we may travel for work purposes is if such is … Read More

COVID-19: Landlord and Tenant Implications

The COVID-19 pandemic has already caused significant stress on tenants who face ongoing lease obligations and those financial stresses are likely to continue in the short-term. Residential Tenancies The Irish Government has recognised the potential impact of the economic downturn caused by COVID-19 on residential tenants by initiating the Emergency Measures in the Public Interest (Covid-19) Bill 2020. This legislation … Read More

COVID-19: Restructuring Debt Issues

The Irish Government announced extensive new public health restrictions today which will have a drastic impact for many businesses. Naturally, this may pose challenges for businesses that have loan obligations to meet. These loan difficulties may be manifested in missed loan repayments, or it could lead to financial covenant breaches. Most loan agreements will also contain a “material adverse change” … Read More

Legal impact of COVID-19 on buying and selling a property

The current uncertainty with COVID-19 raises questions which are of concern to clients that may have already commenced a process to buy or sell a property or who may have been thinking about doing so. There has been no change in the law around conveyancing as a result of COVID-19 as of the date of publishing of this update. The … Read More

Business Continues – COVID-19

Our priority at Tom Collins & Co. is the health and safety of our employees, clients and the general public. We encourage everyone to abide by the guidelines issued by the HSE and the Irish Government. We understand that there will be many challenges which will present a range of legal issues for our clients and we wish to ensure … Read More

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