Business Law

This is a wide-ranging brief that covers the law of public and private companies, insolvency law, partnership law, banking and financial services law, business regulation, foreign direct investment, competition law, the law of contract and consumer protection law.

The Committee:

  • engages with government departments and governmental agencies regarding law reform and the implementation of EU directives;

  • participates in consultation processes with, among others, the Department of Enterprise, Trade and Employment, the Office of the Director of Corporate Enforcement and the Competition and Consumer Protection Commission; 

  • has a nominee on the Irish Takeover Panel and representation on the Company Law Review Group, the CRO Stakeholder Forum and the CCBE Company Law Committee, ensuring that we are well placed to influence developments and make recommendations;

  • represents the interests of the profession in negotiating and agreeing the forms of undertakings, legal opinions and certificates regularly sought or demanded by banks and other institutions; and

  • aims to keep the profession abreast of the latest developments in business law and practice through articles and practice notes in the Gazette and eZine and on this website.


Chair: Eleanor Daly

Vice-Chair: Philip Andrews SC

Members

  • Joy Compton

  • Niamh Counihan

  • Maire Cunningham

  • John Fuller

  • Patricia Heavey

  • Daniel Holohan

  • Suzanne Kearney

  • Neil Keenan

  • Barbara Kenny

  • Justin McKenna

  • Ruairi Mulrean

  • Seán Nolan

  • Fiona O’Connell

  • Gavin O’Flaherty

  • John Olden

  • Morgan Pierse

  • Eamonn Shannon

  • Lindsay Stevens

  • Lorcan Tiernan

  • Paul White

Secretary: Freda Grealy


  1. Individual Accountability Framework Consultation and Responses: In recent months the Committee prepared two submissions in response to Central Bank of Ireland Consultation Papers on the ASP Consolidated Guidelines in respect of the Administrative Sanctions Procedure, amended in connection with the Central Bank (Individual Accountability Framework) Act 2023 (the Consultation Paper"). In addition, a detailed article was developed to assist the profession and articles published in the Gazette and Law Society ezine to raise awareness around these issues. Learn more about changes to the ASP Guidelines
  2. Ireland’s Taxation of Share-based Remuneration: The Committee collaborated with the Taxation Committee to formulate a response to the Department of Finance Consultation on Ireland’s Taxation of Share-based Remuneration.
  3. Foreign Direct Investment: Screening of Third Countries Transactions Act 2023: Previously, the Committee submitted a response to the public consultation on Ireland’s implementation of the EU Regulation on Investment Screening. Recently comments were submitted by the Committee to the Department of Enterprise, Trade and Employment in response to their recent draft Guidance for Stakeholders, as part of the implementation for Screening of Third-Party Transactions Act 2023. The Committee will continue to monitor the Guidance proposed and engage with the Department. View recent Comments on Foreign Investment Screening Procedure
  4. Third Party Litigation Funding: In December of last year the Business Law Committee, (together with input from the Litigation, Business Law, Environment and Planning, and Human Rights Committees of the Law Society) drafted a Submission to the Law Reform Commission in response to their consultation on Third-Party Litigation Funding. The Committee will continue to monitor the implementation of Third-Party Litigation Funding Act.
  5. E-Signatures: Previously the Committee updated its guidance note on E-signatures, electronic contracts and certain other electronic transactions and continues to monitor developments in this area.
  6. Solicitors Accounts Regulations: The Committee is drafting guidance on the application of Regulation 5(4) of the Solicitors Accounts Regulations 2014 in the context of business transactions and holding of non- client funds.
  7. Liability of Clubs, Societies and Unincorporated Associations: The Committee (with input from the Litigation and Human Rights Committees) recently completed a Submission to the Law Reform Commission in response to their consultation process aimed to improve the complex issue of liability and legal consequences for non-profit clubs, societies and other unincorporated associations. In particular, the Submission advocates the It notes that unincorporated associations with legal personality should be given the name "Association with Legal Personality" or “ALP” to distinguish same from associations without a separate legal personality and from Companies Limited by Guarantee “CLGs” and the submission goes on to outline the conditions necessary to be satisfied to ensure that a legal entity is to be treated separate to its members. 
  8. Certification of Beneficial Ownership: The Committee is reviewing requests (received by some practitioners) to certify the beneficial ownership of a client company.
  9. Companies Registration Office: The Committee is continuing to monitor issues experienced by practitioners with the CRO including the closure of the public office and other matters related to PPSNs.
  10. Criminal Justice Act 2011: The Committee is reviewing its practice note on solicitors’ reporting obligations under section 19 of the Criminal Justice Act 2011.

Email any queries to the Committee Secretary,Freda Grealy.