Doing Business in Ireland
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Doing Business in Ireland is a comprehensive treatise that provides the Irish and non-Irish attorney and academic with eighteen chapters on the law of the Republic of Ireland.
Specific chapters discussed include:
• Introduction and Overview — This chapter discusses the Irish system of common law, the organization of government, the court system, the legal profession, the economic environment and its citizenship laws.
• Investment Incentives — Ireland has been engaged in an active policy of encouraging industrial development and expansion by both domestic and foreign firms for more than thirty years. Financial incentives discussed include grants towards the cost of capital equipment and employment, grants and subsidies, training grants and employment grants.
• Business Organisation — Discusses the procedure for incorporation of an Irish company and the contents of a company's constitutional documents, the parts and representatives of the company and other forms of business organizations (such as a foreign corporation).
• Acquiring an Existing Irish Business — Irish law encourages foreign acquisition of or investment in an existing Irish business if the investment is likely to increase employment or industrial activity. This chapter also discusses the position of employees with cross-references to the chapter on employment law.
• Taxation — Among the inducements to investment in Ireland offered, probably the most important are those in the fiscal area where the corporation tax system contains very significant incentive features.
• Employment Law — The Irish government provides an education and training system for workers designed to meet the requirements of business. The labor market offers investors a young, well-educated and highly motivated workforce. Irish employment law is regulated by a large body of legislation that has developed within Ireland and also as a result of the implementation of European Directives due to the country's membership in the European Union. This chapter also discusses the significant consequences that occur under Irish employment law when a business is terminated.
• Social Security — This chapter discusses how social security is contributed by both employees and employers and is known as pay-related social insurance (PRSI). It is mandatory for all employees aged sixteen and over to be covered by PRSI.
• Land and Environmental Laws — If a proposed development is likely to affect the environment in a significant way, the local planning authority will require a survey to be done and an Environmental Impact Statement (EIS) to be submitted before any planning approval will be granted.
• Contract — Discusses all the principles of Irish contract law, consumer contracts and choice of law.
• Product Liability — This chapter discusses all aspects of product liability including the European Product Liability Directive and the vast body of Irish and European legislation that governs the quality, quantity and safety of food and drugs.
• Agency and Franchising — Foreign manufacturers unacquainted with local conditions and practices frequently adopt an agency relationship as a means of doing business in Ireland. This chapter examines the subject of agency in this commercial context.
• Intellectual Property — Discusses patents, copyrights, trademarks and trade secrets and confidential information. Includes an analysis of international treaties that Ireland has ratified.
• Banks and Other Financial Institutions — Examines Ireland's highly sophisticated banking system that has extensive experience in handling the requirements of foreign companies. The banking division is licensed and regulated by the Central Bank of Ireland.
• Legal Aspects of Banking, Lending and Security — Discusses how the relationships between banker and customer in Ireland is contractual. The contract incorporates as implied terms judicially recognized custom and usage of bankers. Only some aspect of the relationship is based in legislation.
• Competition Policy — This chapter analyzes in detail the Irish Competition Act of 1991. Provisions of this Act create criminal personal liability for directors and also for some people in management positions in companies.
• Litigation and Arbitration — Discussion includes procedure in civil commercial matters, the execution of judgments, international litigation and all aspects of arbitration.
• Public Control of Economic Activity — This chapter discusses securities regulations, insurance, import and export controls and the manner in which the exploitation of minerals and hydrocarbons is regulated.
• Termination of Business, Insolvency, Examinerships, Receiverships and Administrations — This chapter deals with the principal statutory provisions governing the procedures for termination and the distribution of the assets of a business.
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