The Gazette 1972

guage, and afterwards translated into all other official languages. No dissenting judgments are allowed. The Advocate General is absolutely impartial in presenting the case to the Court. (5) In preparing documents, it is essential to put the case as simply as possible. It would be wise to have a few specialist lawyers who would appear before the Court. (6) The Advocate! General sits with the Bench, and his proposals are published, as well as the judgments. The question of interpretation in the Court depends to a large extent as to whether a Latin or English or Germanic group predominates. (7) There is a system of rotation for appointing the Judges, and they are usually appointed for six years, and can be re-appointed. Normally the Court sits at present as a full Court of 7 Judges, and the majority opinion forms the judgment. Mr. John Temple Lang gave the final lecture on "Companies in Europe" and stated that in the member States, there were different laws governing particular types of companies. As regards domicil, a company normally has to comply with the local law where the principal place of management is. There was normally a very strict national control over the formation of the company. The requirements about the accounts were less stringent, and bearer shares were more common. Even by comparison with the proposed European Company, Irish law was more advanced, inasmuch as it gave greater protection to minority rights, and the English Act of 1967 gave wider power to appoint inde- pendent inspectors to investigate companies. In each member State there is only a single company tax, and the principle of floating charges is as yet unknown. The essential object of the Community was to create a single economic unit. It should be noted that the head office of a company cannot be moved from one country to another, nor can mergers be generally made between companies in different countries. The law relating to disclosures of directors and the ultra vires rule are very broadly similar as in Ireland but there are formal requirements about incorporation.

The minimum capital requirement for European type companies will depend on the purposes for which they are formed. A compulsory valuation must be made of any property purchased by the promoter within two years of incorporation. A draft directive has been made about mergers of public companies of the same nati- onality, which makes adequate provision for the protec- tion of creditors. It was essential, however, to disclose the effect of this merger to the shareholders. The object of the new European type of company to be incorporated under Community law was to avoid delays in the harmonisation of national laws. The Com- munity was effectively worried by American competition. The board of directors of Euro-Companies will have to be nationals of member States. In some cases works councils are to have a power of veto over certain deci- sions. There was also a supervisory council, one-third of whose members would be appointed by the trade unions. It should be noted that, in Germany, the same personnel cannot be elected to the management board as well as to the supervisory board. The works council itself is elected and is entitled to veto various matters; one- third of the supervisory board is to consist of represen- tatives of employees of the company. There is provision for protection of minority shareholders within the Euro- Company. Finally it should be mentioned that there are tech- nical Draft Conventions on bankruptcy and liquidation, as well as on taxation. In answer to questions, it was stated that: (1) A floating charge could well be introduced, as a means of promoting the obtaining of capital. (2) Freely negotiable bearer warrants will increase in the long run, once sterling has been liberalised. (3) Copies of documents about the Euro-Company proposals can be obtained from the European Infor- mation Office, Merrion Square, Dublin. However, the existing E.E.C. Directives on Companies will not apply to State corporations. The organisers must be congratulated upon a week- end where many of us learnt much in a very pleasant atmosphere.

Dublin Solicitors Bar Association The following were among matters before the Council of the Dublin Solicitors' Bar Association at recent meet- ings : Proposed Pre-Contract Enquiries

to a Building Society's solicitors, the issue of cheques following the approval of title by the Society's solicitors, the furnishing of "pay-off" figures by the Society and the release of title documents on accountable receipt. It was decided to consider what steps the Association might usefully take in the matter. Annual Dinner The Annual Dinner of the Association was held in The Library, Solicitors Buildings, Dublin on Friday 10th December 1971. 190 members and guests were present, and the toast of the Guests was proposed by the President, Mr. Gordon Henderson and responded to by the Cfvef Justice, the Hon. Cearbhall O Dálaigh. The President of the Incorporated Law Society, Mr. B. A. McGrath, proposed the toast of "The Association" to which Mr Maurice Kenny responded.

A Sub-Committee reported that it had been unable to agree on a recommendation for the introduction of standard forms of pre-contract enquiries in conveyanc- ing transactions along the lines of the English system. The Council decided that in view of its Sub-Commit- tee's inability to make a unanimous recommendation the Council would not recommend the introduction of

a pre-contract enquiry system. Delays by Building Societies

The Council had a number of complaints about delays in the approval of loans, the issue of instructions

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