The Gazette 1994

GAZETTE

JUNE 1994

V i e w p o i n t Continued

function with a high quality, professional staff. While it is clear that the staff of the Society has been growing in recent times, so too has the work of the Society in both volume and complexity. Computerisation has also, of course, added very considerably to Society costs in the past two years but this will yield substantial benefits and contain staff costs over time. Questions have been raised about the financial burden on the Society of maintaining its premises at Blackhall Place. The Society believes that the overall cost of the upkeep and mainten- ance of the premises are substantially less than it could expect to pay annually by way of rental for a modern downtown office appropriate to its needs. It must be remembered that the • Examine implementation of any recommendations of the Small Businesses Task Force for changes in company law. • Chapter I of Part VII of the Companies Act, 1990 - provisions relating to restriction on directors. • Examine the position of farmer creditors in the event of company liquidation. Following completion of the tasks it is anticipated that the group will then examine:- (a) technical aspects and any other aspects arising from submissions received on the foregoing or referred to the group by the Minister; (b) the need for a commercial court and (c) possible consolidation of all company law. The Company and Commercial Law Committee is making various submissions to the group on the matters under review.

Society's headquarters has to provide accommodation for a Law School (that can cater for in excess of 200 students at a time) committee and consultation rooms for 28 committees and the Council and appropriate accommo- dation for staff, for ceremonial, social and other functions. It must be very doubtful whether it would ever be possible to find a premises better suited to the needs of the Society than those at Blackhall Place. While the concerns of members in relation to the growing cost of the Society is both appropriate and justified, it is important that the issue is seen in perspective. At the same time it is right that the Society should appreciate that, like the Skibereen Eagle, there are members out there keeping a close eye! February 1994, entitled European Communities (Commercial Agents) Regulations, 1994 (S.I. 33 of 1994) for the purpose of giving effect to Council Directive 86/653/EEC of 18 December 1986, on the co-ordination of the laws of Member States relating to self-employed commercial agents. The Regulations deal with the relationship between commercial agents and their principals and their respective rights and obligations. EC Directive 93/13 on unfair terms in consumer contracts was adopted on 5 April 1993. The aim of the Directive is to regulate the domestic legislation of Member States on unfair terms in contracts between a seller or supplier and a consumer. Member States are obliged to enact appropriate legislation and to comply with the Directive by 31 December 1994. Unfair Contract Terms Directive

hard in opposing the proposal that there should be a 'cap' placed on compensation awards in personal injury actions. Moreover, the Society has represented the interests of the profession in seeking improvements in the Courts Service, in the area of legal aid (both civil and criminal) and in dealing with third party returns introduced in the Finance Act, 1992. The profession will also be aware that the Solicitors Bill will contain a 'cap' on Compensation Fund payments and other reforms in relation to the operation of that Fund. It needs, perhaps, to be emphasised that a professional regulatory and representative organisation can only The Minister for Enterprise and Employment has established a Company Law Review Group to focus on examinerships and recommendations of the Ryan Commission and Small Business Task Force. Committee member, William Johnston, of Arthur Cox, has been appointed to the group. Under the terms of reference of the group they are to report to the Minister by 30 November next on:- • Companies (Amendment) Act, 1990 (the "Examinership" Act). • Part II, Companies Act, 1990 (investigations). • Recommendations of the Ryan Commission, e.g. possible need for a statutory requirement to state compliance with accounting standards, establishment of a review panel, role of auditors, corporate governance issues, etc. Company Law Review Group

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C o m p a n y a n d C o mm e r c i a l L a w C o m m i t t e e N e w s

Commercial Agents Directive

Company and Commercial Law Committee

The Minister for Enterprise and Employment made Regulations on 21

• Part V, Companies Act, 1990 ("insider dealing").

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