Articles & Downloads / Company

Graham Pierce

Much to consider when negotiating business leases

05 March 2019

When solicitors negotiate legal documents much ink can be spilt over how a discretion conferred upon one party by the other is to be exercised and what conditions can be attached to. In the case of property-related documents such as commercial leases a discretion is often conferred in relation to the giving of approval by one party to a proposed course of action by the other. Read More

Catherine Cooney

The growth of franchising

19 February 2019

Despite the uncertainty of Brexit and continuing economic pressures, franchising in Northern Ireland continues to expand. Irish fast food chain Four Star Pizza has confirmed plans that it is to open 10 more stores this year, 20 years since it opened its first store on the Beersbridge Road. Read More

Rachel Toner

Russian Roulette or Mexican Shoot Out in the Boardroom?

28 November 2018

Shareholder disputes can be thorny, but to suggest you resolve them by resorting to Russian roulette or a Mexican shoot out may seem extreme. However, these are methods for disputing shareholders to agree a share price so one party can exit. When a dispute arises creating a deadlock in decision making, the difficulties can escalate to the detriment of the company. It is therefore vital the shareholders consider the ways which they can break deadlock before damage to the company is irreparable. Read More

Rachel Toner

Directors’ Duties and Avoiding the Hot Seat

07 August 2018

The fundamental principle of company law is that a limited company is a separate legal entity, meaning the company will be held liable for its actions, debts and obligations as opposed to the directors. This is known as the “corporate veil”, behind which the directors are usually protected from liability. However, this shield is not impenetrable and in certain circumstances a court may pierce the corporate veil and find the directors personally liable. As a result, it is vital that directors understand their duties and how to minimise the risk of sitting in the hot seat of personal liability. Read More

Rachel Toner

Shareholder Agreement – Prenup for Companies

28 February 2018

Much like a newly married couple, in the excitement of forming a new company shareholders may not give much thought as to what would happen if they were to fall out. Should relationships unravel, company law that governs disputes is particularly complex and not as well trodden as the case law in relation to divorce. Accordingly, the outcome for feuding shareholders can be convoluted with limited solutions. Read More

Michael Duffy

It’s all about control!

23 March 2017

The High Court in Northern Ireland has recently considered the law relating to the setting aside of transactions carried out by a bankrupt in the years leading up to the order of bankruptcy. Read More

Louise McAloon

Court of Appeal Confirms Director & Shareholder paid in dividends was an employee

11 February 2016

The Court of Appeal in Northern Ireland has dismissed an appeal by the Department for Employment and Learning in relation to an Industrial Tribunal Decision in which a director and shareholder of a limited company paid in dividends was also deemed an employee and therefore eligible for payment by DEL of his redundancy pay of £9,460.00, notice pay of £5,160.00, holiday pay of £2,150.00 and arrears of pay of £267.31 when the Company ceased trading due to insolvency. Read More

Celia Worthington

An Unfortunate Break Up?

13 November 2015

The Companies Act 2006 allows a member of a company to make an unfair prejudice petition to the Courts if it is believed that the affairs of the company are being conducted in a manner which is unfairly prejudicial to a member’s interests. If the Court is satisfied that the petition is well founded it may make any appropriate order. Read More

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