Frequently Asked Questions

Commercial Law in ireland

Here you will find answers to the most commonly asked questions we receive in the course of our work. We hope that the questions and answers provided will be helpful to you.

If you need further information or have a specific query, please don’t hesitate to get in touch with us. Our team is always here to help you.

Commercial law is the branch of law that deals with companies and corporations. In Ireland, the main piece of legislation governing commercial law is the Companies Act 2014. This act provides comprehensive guidance on all aspects of commercial law that one would need to know and advise on.

In legal terms, there is not much of a difference between corporate law and commercial law. Commercial law deals with any kind of legal issues related to companies, regardless of their size, such as buying or selling property, or buying or selling part of their business. On the other hand, corporate law is typically associated with large corporations such as PLCs, Facebook, or Google. However, the same legislation applies to all companies, regardless of their size, except for sole traders or partnerships, which are governed by different pieces of legislation. Ultimately, the distinction between the two areas of law is not significant.

Commercial law applies to consumers in that companies that consumers buy goods or services from must comply with consumer protection legislation. This legislation ensures that consumers have rights to return faulty goods for a refund or exchange. Additionally, there are regulations regarding advertising and e-commerce, such as the requirement for products sold online to be returnable within 14 days. These regulations were enacted at the European Union level. Consumers may be concerned about commercial law from a consumer protection standpoint.

Business owners need to comply with commercial law throughout the entire course of their business. This includes complying with the company’s acts when selling their business and filing annual returns as mandated by legislation. Business owners must ensure that their accounts are up to date and in compliance with commercial law. They must also comply with consumer protection legislation in their everyday dealings. When buying and selling property, they must be aware of company law. When they eventually sell their business, whether it’s through a share purchase or asset purchase transaction, they must also comply with company law. In short, commercial law applies broadly to all aspects of a business owner’s operations.

Commercial law covers all aspects of running a business, so it’s difficult to think of something that isn’t covered by it. The most common areas that fall under commercial law include corporate governance, which refers to the ways in which companies make decisions. For example, if a company wants to sell some of its shares, it would have to get approval from the shareholders and the directors. Compliance is another important aspect of commercial law. This involves making filings with the company’s registration office to comply with the requirements under the Company Acts. Buying or selling businesses is also covered by commercial law, and compliance with legislation is required in these situations.

Other areas include, commercial contracts, dispute resolution and employment law.

Some of examples of where you would need a solicitor’s advice in relation to commercial law would include buying or selling a business or part of a business, selling up a partnership, buying or selling property as a company, and commercial disputes between shareholders or two companies regarding a breach of contract or similar issues.

You don’t really need a solicitor to start a business. There are guides on the CRO website that explain the process and what documents need to be in place. However, the document that sets up the rules for how the business is run is the constitution of the company. While there are basic constitutions available, it might be advisable to take advice from a solicitor, especially if you are setting up a business with a friend or family member. This will ensure that your interests are protected in the company constitution, and the other person doesn’t have the power to do things that you wouldn’t want them to do. So, while it is possible to set up a business without a solicitor, it would be advisable to take their advice, as well as perhaps an accountant, when it comes to selling a business.

Not really. The CRO website would have all the documents in place that you would need to set up a company. But if you’re going into business with somebody or setting up a company with somebody, or entering into a partnership with somebody, documents will need to be drafted to outline the way the company is going to be run, how decisions are going to be made in the company. It would be advisable to take the advice of a solicitor with experience in the area of commercial law when drafting those documents to ensure that there are no issues in the documents and that your interests are well-protected. So, it is possible to set up a limited company without a solicitor, but again, it’s advisable that you take the advice of a solicitor and accountant when setting up a limited company.

The small claims court in Ireland deals with minor civil claims up to a maximum of €2,000. This includes disputes such as faulty goods, poor workmanship, unpaid debts, and breaches of contract. The court provides an informal setting and is designed for individuals and small businesses to pursue claims without the need for legal representation. The process is generally initiated by the claimant filling out a claim form and paying a fee. The court will then schedule a hearing where both parties can present their case, and the judge will make a decision based on the evidence presented. Overall, the small claims court provides a quick and cost-effective way to resolve minor disputes.

The small claims court is a court in the district court that deals with small claims. The idea of the small claims court is that you really shouldn’t be having a solicitor involved in the process. It’s more informal, and the case is dealt with by way of a written argument by the person alleged to have been aggrieved. So it’s definitely a process that consumers might take against businesses on their own, and it applies to really minor cases. It might not be cost-effective to engage a solicitor for such claims.

A solicitor can provide dispute resolution or mediation services in commercial law disputes, as disputes in the commercial area can arise from various issues such as breach of contract, shareholder oppression, or breaches of the Companies Acts. It is advisable to take the advice of a solicitor in such disputes, as the consequences can be severe and costly. While court cases are an option, they can be expensive. Dispute resolution and mediation can often lead to satisfactory outcomes for both parties and can be done at a fraction of the legal costs.

The answer to this question depends on where the case should be properly dealt with, according to European regulations and the contract in place. If the contract specifies a country and laws to interpret the agreement, a solicitor from that country is the best person to speak to in relation to the dispute. If the contract is silent, EU legislation needs to be interpreted to decide where the case should be taken. In any case, it is advisable to seek the advice of a solicitor to avoid any wasted costs.

The answer to the question is yes, there is a cost involved in consulting a solicitor about a potential issue or a potential issue of a commercial law-related dispute. In the first instance, solicitors usually charge a consultation fee to discuss the issue and give preliminary advice. If you’re dealing with a commercial transaction, the solicitor will set out the major details, and before progressing with legal work, they’re obliged to issue a section 150 letter that sets out the costs they will charge for the transaction. In disputes, costs are more difficult to determine at the outset as there are variables involved. However, solicitors can provide a reasonable estimate of costs. If you consult a solicitor, they will generally charge a consultation fee.

Contact

Get in touch with us today to schedule a consultation with one of our experienced solicitors.