Letterheads – what you need to know

Posted in Category(ies): Letterheads
Kathryn-Maybury
A post by Kathryn Maybury | Managing Director | KOMSEC Limited | Company Secretarial Services | Corporate Governance | Compliance | Tel: +353 (0) 1 2107595 Email: kmaybury@komsec.ie  

One of the most frequent questions we receive is what should a company put on their letterhead.  One of the most frequent failures we find is that companies forget to update their letterhead as changes occur. 

Basic requirements for letterheads are outlined below, full details can be found in S.151 Companies Act 2014.

 

1.       Director name and nationality (if not Irish)

2.       Company name

3.       Company registration number

4.       Company registered address

5.       Place company was registered (e.g. Registered in Dublin, Ireland)

6.       Business name (if applicable)

 

Although not specified within the Companies Act if invoices are going to be printed on company letterhead then the company VAT number should be included on the letterhead.

Company Law Review Group

Posted in Category(ies): Company Law Review Group
Kathryn-Maybury
A post by Kathryn Maybury | Managing Director | KOMSEC Limited | Company Secretarial Services | Corporate Governance | Compliance | Tel: +353 (0) 1 2107595 Email: kmaybury@komsec.ie  

Company Law Review Group (CLRG)

http://www.clrg.org/

 

A statutory advisory expert body charged with advising the Minister for Jobs, Enterprise & Innovation on the review and development of company law in Ireland. 

 

KomSec Limited Director Kathryn Maybury is a Member of the CLRG representing the interests of the members of the Small Firms Association.

 

The 2016-2018 Agenda for the CLRG covers:

o   possible changes following implementation of Companies Act 2014;

o   better safeguards for company employees and unsecured creditors;

o   review enforcement of company law, and recommendations for change;

o   review provisions in Companies Act 2014 on winding-up;

o   provide ongoing support to Department of JEI on request for EU and International proposals on harmonising national company insolvency laws; and

o   possible adoption in Irish company law United Nations Commission on Trade Law Model on cross-border insolvency.

 

Directors heal thyself!

Posted in Category(ies): Directors
Kathryn-Maybury
A post by Kathryn Maybury | Managing Director | KOMSEC Limited | Company Secretarial Services | Corporate Governance | Compliance | Tel: +353 (0) 1 2107595 Email: kmaybury@komsec.ie  

How often do Directors assess themselves?

Directors rightly expend huge efforts on reviewing company procedures, financials, HR, management, etc but, how many Directors spend time thinking about the individual Directors of the Board?

 It is trite but, true to say the more effective the Board the more effective the Company. 

 Individual Directors should consider how issues such as those outlined below may impact on them personally, and the Company professionally.  They should ensure there are checks in place to monitor and react should such issues be triggered for any person during their tenure as Director.

o   Longevity – have Directors been in place so long their thinking has become staid?  Are individuals continuing to add value in their personal capacity as Director?

o   Attendance – do individual Directors have a good attendance record at Board Meetings?  S.148 Companies Act 2014 states that the office of director shall be vacated where “the director is for more than 6 months absent, without the permission of the directors, from meetings of the directors held during that period”.

o   Number of directorships – a person may not be a director of more than 25 companies.  Directors of Groups should not panic, S.142 Companies Act 2014 outlines circumstances of how a Director of a number of companies within a Group may count such directorships as one. 

o   New Directors – are they checked out before appointment?  The Companies Act 2014 imposes various restrictions on individuals including individuals serving bankruptcy terms, disqualification or restriction.  What catches people out here is that such restrictions for the most part apply regardless of jurisdiction. 
 

Register of Disqualified / Restricted persons – average figures for disqualification are around 3,500 individuals with average figures for restriction around 940 individual Directors.  The Register of Disqualified and Restricted persons in Ireland can be accessed for free on the Companies Registration Office website