Thursday, 5 December 2013

Ireland No. 1 for Business

Ireland No. 1 for Business

Ireland is now ranked by Forbes as the number 1 country globally for business. Despite its recent economic woes Ireland tops the influential ranking list and is still a favoured Business destination for many of the worlds leading multi national business concerns and recognised global Business brands with 8 out of the top 10 global technology Businesses and 15 of the top 25 medical device companies located here. According to Forbes 

“There are now more than 1,000 overseas companies with a presence in Ireland and they employ 150,000 of the nation’s 1.9 million workers.”

Ireland's Business corporations tax rate of 12.5 % affords multi - national companies the opportunity of basing their headquarters in Ireland in order to benefit from a taxation level not available to them in their country of origin. Brands such as Intel, Google,  Ebay are examples to name a few.

Setting up a Business in Ireland can not only benefit the larger business concerns but indeed can be a viable alternative for any small to medium sized Business and particularly those with global export potential.


Related Articles

Tuesday, 15 October 2013

Budget 2014 Incentives - Starting Your Own Business

Start Your Own Business - Government Incentives Budget 2014

The Government introduced a new Start Your Own Business scheme to assist individuals who have been unemployed for at least 15 months to start their own unincorporated businesses that is - register as a sole trader or register a partnership by giving them a two year exemption from income tax.  


To promote entrepreneurship, from next year, the Government has introduced a Capital Gains Tax relief to be allocated to entrepreneurs who reinvest the proceeds from the disposal of assets, on which CGT has previously been paid, into a new investment in productive trading activities. The relief will be a tax credit equal to the lower of the CGT paid on the previous asset disposal or 50% of the CGT due on any gain from the future disposal of the new investment.

Thursday, 7 February 2013

Closing a Limited Company

Closing a Limited Company - Voluntary Strike Off in Ireland

How to Close Your Limited Company - If a company has ceased trading or has never traded it may avail of Voluntarily Strike Off to have the company struck off from the register of companies.

Our Voluntary Strike Off document drafting expertise and advice is provided to many companies each year, seeking to Close a Limited Company.

Closing a Limited Company - Your Company Status

In order to apply to close a limited company and benefit from the Voluntary Strike Off process;

  • company debts should have been fully paid/ compromised or else written confirmation of write-off secured by the company from any creditor.
  • any assets and liabilities must not exceed €150.
  • all corporate tax liabilities will similarly have to be discharged.
  • the company should not have issued capital in excess of €150 now or at any time in the past 3 years.
  • all annual returns and revenue filing requirements must be up to date at the time of application or be in the process of being finalised in advance of making application.

Business & Company Formations can advise you on the Voluntary Strike Off and Company Closure process. We will assist the Voluntary Strike Off of your company by drafting the required statements and public notices for you, advising on any outstanding filing requirements, assisting in the completion of any outstanding accounts matters and liasing where appropriate with the Revenue Commissioners and the Registrar of Companies.

Note, that Closing a Limited Company i.e. the Voluntary Strike Off process is a lengthy one and can take anything up to six months.

Contact us to handle your voluntary strike off  requirements.

Trademark Your Name

Trade Marks & Protecting your Name

What is a Trade Mark ?

 A trade mark may be described as the manner by which a business distinguishes itself from that of its competitors and others.  A trade mark may be achieved by identifying not only a business or trading name but also by identifying the goods, products and or services that the business in question trades in.

 What Can be Trademarked ?

A trademark may be a collection of words, numbers, designs, logos, letters, distinctive packaging, shape of goods and or packaging and or any sign capable of being represented graphically which would distinguish one undertaking from another.

Examples of some very famous trademarks would be Coca Cola, Disneyland, Google, Microsoft etc.

Trade Mark Disputes

Identifying an protecting your brand, trade mark etc can be a very complex and costly matter. Disputes frequently arise amongst those seeking to enforce their rights to a particular Mark.  Some notable trade mark disputes have arisen amongst the giants if international business. As an example Apple Inc. a company not averse to seeking trade mark infringement redress, was involved in litigation for over 20 years with a record company, called Apple Corp.  It just so happens that the record company in question was the Beatles record company.  Apple Inc disputed the right of the record company with regard to the use of the term "Apple." The matter was eventually settled in 2007 with Apple Inc. purchasing all trademarks relating to "Apple," and licensing back some of the marks to Apple Corp the record company.

Those of you that have enjoyed Subway's "footlong" sandwich may be interested and or even surprised to know that they made an attempt to register a trademark relating to "Footlong" but the application was rejected presumably based on the word "footlong being considered to be a descriptive word as opposed to a significantly distinguishing word.  Nevertheless Subway have recently sought to take action against a number of catering outlets who use the term " footlong" when describing the wares in their eateries.  The outcome of these actions a have yet to be determined but further illustrates the complexity of trade-marking and the lengths that some entities will go to to protect their rights or perceived rights !

International Trade Marks - Other Considerations

Establishing the right to a Trade mark has significant advantages but the right must be established to include all territories within which that trade mark may be used. This can be a very costly procedure because the Trade Mark may have to be registered globally in order to effectively protect the brand or mark. As an example, back in 2002 an enterprising chap in Japan by the name of Taro Yamamoto, sought to register the domain You may recall that Disney were at that that time in the initial stages of setting up their Disneyland Tokyo operation. Needless to say once Disney Enterprises Inc. became aware of the existence of the domain they sought to have the registration of the domain and brought an action to have the domain transferred to them. Whilst such a domain dispute is not a trademark dispute Disney Enterprises Inc. proved that they were the owners of numerous marks incorporating the DISNEY mark and consequently won their case to have the domain transferred to them.

We have no idea what happened to Taro Yamamoto !.

Audit Exemption & How it Works

Audit Exemption 

 A company filing its annual return may rely on audit exemption i.e relief from the requirement to have company accounts audited thereby reducing the costs of ongoing compliance significantly. This should not be confused with the ongoing requirements regarding company accounts preparation and approval for private limited companies.

There are certain criteria that apply to Audit Exemption and these are summarised as follows;  In order to benefit from Audit Exemption in respect of the financial year concerned: 

The company must be a Private Limited Company;
The turnover of the company must not exceed €8.8 million;
The balance sheet total of the company must be less than €4.4 million at the end of its financial year;
The average number of employees must not exceed 50; 
The company must not be a parent company or a subsidiary company;  

Wednesday, 16 May 2012

Business Permission for Non EEA Nationals

Business Permission for Non EEA Nationals


The EEA, European Economic Area comprises the 27 Member States in the European Union: Austria, Belgium, Bulgaria, the Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden and the United Kingdom and the countries Iceland, Liechtenstein, Norway and Switzerland
A non-EEA National who intends to come to Ireland in order to establish a business will require the permission of the Minister for Justice and Equality to do so otherwise know as "Business Permission".
Non-EEA Nationals who wish to pursue a business activity (in a capacity other than as an employed person for whom an employer would have to obtain a work permit) must first obtain Business Permission.
There are a number of requirements that Non-EEA nationals applying for business permission must satisfy.
These are that;
(a) they must create employment (other than their own)
(b) show personal investment of €300,000 or more.



Exemptions from the Requirement for Business Permission

A number of categories of non-EEA nationals are exempt from the requirement to obtain Business Permission. The categories are as follows:-

  1.  persons who have been granted refugee status by the Minister for Justice and Equality.
  2.  dependant relatives of EEA nationals exercising a valid right to reside in Ireland.
  3.  persons who have been granted permission to remain in the State on one of the following grounds:-
  4.  persons with permission to remain as the spouse of an Irish national.
  5.  persons with permission to remain in Ireland on the basis that they are the parent of an Irish born child ( an Irish citizen).
  6.  persons who have been granted temporary leave to remain in the State on humanitarian grounds, having been in the asylum process.
Before submitting an application for Business Permission in Ireland applicants should meet the following criteria;-

(a) have not less than €300,000 of your own money available to make an investment into business in Ireland and be in a position to supply documentary evidence e.g. statements etc. from a financial institution confirming available funds.

(b) where the the funds are held in Ireland, the financial institution used  for the funds must be regulated by the Financial Services Authority of Ireland (CBFSAI). The Financial Services Authority of Ireland is the official financial regulatory body in Ireland.

(c) the proposed business must create employment for two EEA nationals for a new project or, at the very least, maintain employment in an existing business;

(d) the proposed business must add to the commercial activity and competitiveness of the State;

(e) the proposed business must be a viable business with sufficient income to maintain and accommodate the applicant and any dependants without resorting to social assistance or paid employment for which a work permit would be required;

(f) The applicant must be in possession of a valid passport or national identity document and be of good character.


Business Permission Application Process

Applicants for Business Permission in Ireland must submit –

  1. A valid passport or national identity document;
  2. A registration certificate if already residing in the State;
  3. A statement of character from the police authorities of each country in which you have resided for more than six months during the 10 year period prior to your making an application;
  4. Business plan which addresses points (1) to (5) above. This business plan must be endorsed by a firm of accountants or a financial institution involved in venture capital.
  5. Detailed proof of the skills levels required to undertake such a business including, where applicable, academic qualifications in the particular field, details of apprenticeships, evidence of previous business experience, all qualifications relevant to the proposed business and general experience.
  6. References from former employers.
  7. Details of where the business will operate from, including layout specification and lease/rental plans.




Writers, Artists and Crafts persons – while not subject to the capital or employment requirements must demonstrate clearly that they are well known/internationally renowned in their chosen field and are in a position to fully support themselves from income from their chosen craft without recourse to alternative employment and/or social assistance. How can I contact the Irish Naturalisation and Immigration Service regarding the status of my application?
If a Business Permission application is approved a letter  issued granting permission to engage in business for an initial period of 12 months.

Starting a Business in Ireland

What is a Single Member Company ?

Single Member Company

There is often much confusion and misinformation (usually disseminated  by the local bar stool expert) as to what type of entity a Single Member Company actually is. Let's clear it up then!

--> Single Member A Single Member Private Limited Company does not, first and foremost ,mean that the company can have only one director!

A member means is a shareholder or in effect a company owner. In many small companies the company members i.e. shareholders may indeed be one and the same as the company directors.

A Single Member Company is therefore no different from any other private limited company other than the fact that the entire issued share capital is held or owned by one single/sole person i.e the single member hence, the designation "single member company". This sole person is the sole beneficial owner of the company and is the company's only member/shareholder i.e. the single member.

A Single Member company requires that a minimum of two persons are still in place to act as company directors - member refers to shareholder and not to director! Note that this is likely to change post 2012 when it is likely that all stages of the new Companies Bill has been effected allowing a company to effectively have in place only one person.

There are some specific requirements with regard to the drafting of the memorandum & articles for a Single Member company.

Related Resources

  • Register a Limited Company
    Have your limited company registration documents drafted and prepared for you for filing. Use our online application system to prepare you company formation documents. Read More.
  • Business Name Registration
    For Sole Traders and Partnerships the registration of a Business Name may be preferable. Read More on how to Register a Business Name.