Partners Michael Byrne, Maria Kennedy, Karen Reynolds and Claire McLoughlin co-author the Ireland chapter for the 2019 edition of Getting The Deal Through: Complex Commercial Litigation.
This document summarizes commercial litigation procedures in Ireland. It discusses key considerations for parties bringing claims such as applicable limitation periods and jurisdiction. It also outlines interim relief options, pre-action conduct requirements, and alternatives to litigation such as mediation. Class actions and third-party litigation funding are not common in Ireland, though representative actions and test cases can achieve similar outcomes. The courts generally apply Irish common law and recognize choice of foreign governing law in contracts.
Getting The Deal Through: Insurance Litigation 2018Matheson Law Firm
Sharon Daly, Head of the Commercial Litigation Insurance team and April McClements, Partner in the Insurance and Dispute Resolution team co-author the Ireland chapter for Getting The Deal Through: Insurance Litigation 2018.
Julie Murphy O'Connor and Gearoid Carey provide an overview on Enforcement of Foreign Judgments in Ireland in the 2018 edition of Getting the Deal Through.
Lett Law Firm is one of Denmark's largest full-service law firms with over 350 employees including 165 attorneys. It provides legal services to businesses, organizations, and the public sector across a wide range of practice areas including banking, corporate law, capital markets, disputes, employment law, and more. Lett Law Firm was founded in 1869 and is the result of a 2005 merger between two legacy firms.
Getting The Deal Through: Merger Control Market Intelligence 2016Matheson Law Firm
Helen Kelly, head of the EU, Competition and Regulatory Law Group, and Eoin Kealy, associate in the EU, Competition and Regulatory Law Group, co-wrote the Ireland chapter for Getting the Deal Through: Merger Control Market Intelligence 2016.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Market Intelligence (Volume 3, Issue 1).
This document summarizes commercial litigation procedures in Ireland. It discusses key considerations for parties bringing claims such as applicable limitation periods and jurisdiction. It also outlines interim relief options, pre-action conduct requirements, and alternatives to litigation such as mediation. Class actions and third-party litigation funding are not common in Ireland, though representative actions and test cases can achieve similar outcomes. The courts generally apply Irish common law and recognize choice of foreign governing law in contracts.
Getting The Deal Through: Insurance Litigation 2018Matheson Law Firm
Sharon Daly, Head of the Commercial Litigation Insurance team and April McClements, Partner in the Insurance and Dispute Resolution team co-author the Ireland chapter for Getting The Deal Through: Insurance Litigation 2018.
Julie Murphy O'Connor and Gearoid Carey provide an overview on Enforcement of Foreign Judgments in Ireland in the 2018 edition of Getting the Deal Through.
Lett Law Firm is one of Denmark's largest full-service law firms with over 350 employees including 165 attorneys. It provides legal services to businesses, organizations, and the public sector across a wide range of practice areas including banking, corporate law, capital markets, disputes, employment law, and more. Lett Law Firm was founded in 1869 and is the result of a 2005 merger between two legacy firms.
Getting The Deal Through: Merger Control Market Intelligence 2016Matheson Law Firm
Helen Kelly, head of the EU, Competition and Regulatory Law Group, and Eoin Kealy, associate in the EU, Competition and Regulatory Law Group, co-wrote the Ireland chapter for Getting the Deal Through: Merger Control Market Intelligence 2016.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Market Intelligence (Volume 3, Issue 1).
This document provides an overview and summary of Matheson, an Irish law firm, including:
- Matheson's offices and awards/rankings showing it is a top European law firm.
- A table of contents for a guide on investing in Ireland covering taxation, employment law, intellectual property, life sciences, and how Matheson can help clients.
- An introduction to the guide noting over 1,150 international companies have operations in Ireland across various sectors.
This document summarizes key aspects of Ireland's transfer pricing laws and regulations:
1. The primary transfer pricing legislation is Part 35A of the Taxes Consolidation Act 1997, which incorporates the OECD Transfer Pricing Guidelines. The Revenue Commissioners are responsible for enforcing the transfer pricing rules.
2. The transfer pricing rules apply to transactions between associated enterprises, both domestic and cross-border, involving trade in goods, services, money or intangibles. Acceptable transfer pricing methods include those outlined in the OECD Guidelines.
3. Ireland has participated fully in the OECD's BEPS project and has begun implementing recommendations such as country-by-country reporting and following the updated OECD Guidelines
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
- The document summarizes recent tax law developments in the European Union. Key points include:
- EU Member States agreed on rules to tackle "hybrid mismatches" between tax structures of EU and non-EU countries. This will impact many existing corporate structures.
- The Netherlands Supreme Court referred preliminary questions to the EU Court of Justice regarding whether denying refunds of dividend withholding tax to non-resident investment funds discriminates against them compared to Dutch funds.
- The EU Court of Justice ruled that a non-resident individual receiving 60% of income in the Netherlands should be allowed to deduct losses from a property in their country of residence, Spain, from their Dutch taxable income.
The document discusses the Italian model of mandatory mediation that requires parties to participate in an initial mediation meeting before filing a lawsuit for certain dispute types. It has led to over 180,000 mediations annually in Italy compared to under 10,000 in other European countries with voluntary models. The key aspects of the Italian model include a nominal initial mediation fee, no sanctions for opting out after the initial meeting, and judges may order mediation in pending disputes. There is evidence it has reduced litigation without being overly burdensome. The document advocates modifying the EU Mediation Directive to require member states to integrate a similar initial mandatory mediation step.
Future of treaty formed holding companies and preferential Harm J. Oortwijn
This document discusses the future of treaty-based holding structures and preferential tax regimes in light of base erosion and profit shifting (BEPS) measures. It outlines how Action 6 aims to prevent treaty shopping through limitation on benefits rules and principal purpose tests. The EU Parent Subsidiary Directive and upcoming Anti-Tax Avoidance Directive also include general anti-avoidance rules targeting artificial arrangements. Action 5 addresses harmful preferential tax regimes by requiring substantial activities in the jurisdiction. The document then discusses exit charges related to business restructuring and unwinding existing structures to make them compliant with BEPS and anti-avoidance rules. It emphasizes analyzing functions, assets and risks to determine appropriate exit charges at arm's length.
Slides from IBSA Webinar - Double Tax Treaties: Asia & Europe which took place on 18 September 2014, presented by John Timpany of KPMG China and Roy Saunders of IFS Consultants. To view the webinar on demand, please visit our Bright Talk Channel at https://www.brighttalk.com/channel/11641
This document discusses the taxation of partnerships under domestic laws and tax treaties. It defines partnerships and the different types, and addresses how partnerships are classified and taxed in different countries. It also examines issues that can arise with conflicting classifications of partnerships between countries, such as double taxation or non-taxation. The document outlines relevant articles in the OECD and UN models related to determining whether partnerships are entitled to tax treaty benefits.
Practical Law - Unlimited Companies: Companies Act 2014Matheson Law Firm
The Companies Act 2014 introduced a number of material changes for Irish unlimited companies. In an article forming part of a collection of articles for Practical Law on the Companies Act 2014, Kieran Trant and Dorothy Hargaden of Matheson’s Corporate Department examine the main differences between limited liability companies and unlimited liability companies under Irish law and identify the main changes to the rules governing unlimited liability companies brought about by the Companies Act 2014.
International Tax For SMEs September 2011 Abbreviatedsarogers99
These slides were used in a presentation given to attendees at a recent UKTI / Natwest / Francis Clark LLP seminar in Salisbury - How to Open Up New Markets Overseas.
Tax treaties are agreements between countries to reduce double taxation on income. They define which taxes are covered, who is a resident of each country, and circumstances for taxing income of residents in the other country. Tax treaties aim to reduce taxes of residents in one country for income from the other country to alleviate double taxation. They provide exemptions and limit taxation to income from permanent establishments in the other country. Bilateral treaties are between two countries while multilateral treaties involve more than two.
This document discusses steps organizations can take to demonstrate reasonable prevention procedures and defenses against the corporate criminal offence (CCO) legislation introduced by the UK Criminal Finances Act 2017. It recommends conducting a risk assessment to identify potential tax evasion risks, developing appropriate prevention policies and procedures, implementing training programs, and monitoring controls. BDO, which has assisted over 150 clients with CCO compliance, can provide customized support options for the risk assessment and implementation of defenses through workshops, template documents, eLearning training, and other practical services.
This document summarizes key aspects of Ireland's transfer pricing rules and regulations:
1. Ireland's primary transfer pricing legislation is contained in Part 35A of the Taxes Consolidation Act 1997, which applies the arm's length principle outlined in the OECD Transfer Pricing Guidelines.
2. The Revenue Commissioners, Ireland's tax authority, is responsible for enforcing transfer pricing rules and resolving disputes through mutual agreement procedures in tax treaties.
3. Ireland's transfer pricing documentation requirements are not prescriptive, but taxpayers must maintain sufficient records to demonstrate their profits were computed on an arm's length basis if requested. Country-by-country reporting has also been adopted.
This document provides an introduction to tax treaties given by CA Pinakin Desai on April 19th, 2013. It discusses key concepts related to tax treaties including:
- The need to avoid double taxation through tax treaties that allocate taxing rights between countries.
- Types of double taxation and how treaties aim to eliminate juridical double taxation.
- The authority of governments to enter into tax treaties and how they are formulated.
- Interpretation of tax treaties based on principles from the Vienna Convention and guidelines from Indian Supreme Court cases.
- The typical structure and articles contained within tax treaties regarding scope, definitions, elimination of double taxation, and substantive provisions related to
Dutch tax saving possibilities for Ukrainian MNC’s. Juan TeltingICF Legal Service
Голландские компании в налоговом планировании. Как это работает. Организация substance (реального присутствия) в Нидерландах. Использование нидерландских компаний в международной торговле.
Juan Telting (STP Tax Lawyers. Netherlands)
This document provides an overview of international taxation concepts. It discusses how residency is a key factor in determining tax jurisdiction, as countries either tax worldwide income for residents or only income from domestic sources for non-residents. There can be conflicts when countries define residency differently, such as based on place of incorporation versus management and control, which can lead to double taxation. Treaties aim to resolve such conflicts but different countries take different approaches in their treaties. The concepts of residency, jurisdiction, and relief from double taxation are important aspects of international tax.
Lawyer in Vietnam Oliver Massmann Transfer Pricing in Mergers and Acquisitio...Dr. Oliver Massmann
The document discusses transfer pricing issues that arise in mergers and acquisitions (M&A) in Vietnam. Specifically, it notes that if the agreed transfer price in an acquisition is less than the book value of the seller's equity, the licensing authority may refuse to approve the acquisition. It also discusses unclear tax regulations regarding capital gains tax on offshore acquisitions. This lack of clarity creates uncertain financial obligations for investors and can impact deal timelines. The document recommends harmonizing interpretations of transfer pricing and clarifying regulatory frameworks on tax liabilities from M&A transactions in Vietnam.
Alison Vine, Director at Deloitte, gives practical and concise update on all the latest tax and NIC developments, topical tax issues, planning you will need to be aware of, and the impact of these changes on your clients and your business.
Getting the Deal Through: Insurance Litigation 2019Matheson Law Firm
Litigation partners, Sharon Daly and April McClements and senior associate, Aoife McCluskey author the Ireland chapter of Getting the Deal Through 2019.
This document provides an overview and summary of Matheson, an Irish law firm, including:
- Matheson's offices and awards/rankings showing it is a top European law firm.
- A table of contents for a guide on investing in Ireland covering taxation, employment law, intellectual property, life sciences, and how Matheson can help clients.
- An introduction to the guide noting over 1,150 international companies have operations in Ireland across various sectors.
This document summarizes key aspects of Ireland's transfer pricing laws and regulations:
1. The primary transfer pricing legislation is Part 35A of the Taxes Consolidation Act 1997, which incorporates the OECD Transfer Pricing Guidelines. The Revenue Commissioners are responsible for enforcing the transfer pricing rules.
2. The transfer pricing rules apply to transactions between associated enterprises, both domestic and cross-border, involving trade in goods, services, money or intangibles. Acceptable transfer pricing methods include those outlined in the OECD Guidelines.
3. Ireland has participated fully in the OECD's BEPS project and has begun implementing recommendations such as country-by-country reporting and following the updated OECD Guidelines
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
- The document summarizes recent tax law developments in the European Union. Key points include:
- EU Member States agreed on rules to tackle "hybrid mismatches" between tax structures of EU and non-EU countries. This will impact many existing corporate structures.
- The Netherlands Supreme Court referred preliminary questions to the EU Court of Justice regarding whether denying refunds of dividend withholding tax to non-resident investment funds discriminates against them compared to Dutch funds.
- The EU Court of Justice ruled that a non-resident individual receiving 60% of income in the Netherlands should be allowed to deduct losses from a property in their country of residence, Spain, from their Dutch taxable income.
The document discusses the Italian model of mandatory mediation that requires parties to participate in an initial mediation meeting before filing a lawsuit for certain dispute types. It has led to over 180,000 mediations annually in Italy compared to under 10,000 in other European countries with voluntary models. The key aspects of the Italian model include a nominal initial mediation fee, no sanctions for opting out after the initial meeting, and judges may order mediation in pending disputes. There is evidence it has reduced litigation without being overly burdensome. The document advocates modifying the EU Mediation Directive to require member states to integrate a similar initial mandatory mediation step.
Future of treaty formed holding companies and preferential Harm J. Oortwijn
This document discusses the future of treaty-based holding structures and preferential tax regimes in light of base erosion and profit shifting (BEPS) measures. It outlines how Action 6 aims to prevent treaty shopping through limitation on benefits rules and principal purpose tests. The EU Parent Subsidiary Directive and upcoming Anti-Tax Avoidance Directive also include general anti-avoidance rules targeting artificial arrangements. Action 5 addresses harmful preferential tax regimes by requiring substantial activities in the jurisdiction. The document then discusses exit charges related to business restructuring and unwinding existing structures to make them compliant with BEPS and anti-avoidance rules. It emphasizes analyzing functions, assets and risks to determine appropriate exit charges at arm's length.
Slides from IBSA Webinar - Double Tax Treaties: Asia & Europe which took place on 18 September 2014, presented by John Timpany of KPMG China and Roy Saunders of IFS Consultants. To view the webinar on demand, please visit our Bright Talk Channel at https://www.brighttalk.com/channel/11641
This document discusses the taxation of partnerships under domestic laws and tax treaties. It defines partnerships and the different types, and addresses how partnerships are classified and taxed in different countries. It also examines issues that can arise with conflicting classifications of partnerships between countries, such as double taxation or non-taxation. The document outlines relevant articles in the OECD and UN models related to determining whether partnerships are entitled to tax treaty benefits.
Practical Law - Unlimited Companies: Companies Act 2014Matheson Law Firm
The Companies Act 2014 introduced a number of material changes for Irish unlimited companies. In an article forming part of a collection of articles for Practical Law on the Companies Act 2014, Kieran Trant and Dorothy Hargaden of Matheson’s Corporate Department examine the main differences between limited liability companies and unlimited liability companies under Irish law and identify the main changes to the rules governing unlimited liability companies brought about by the Companies Act 2014.
International Tax For SMEs September 2011 Abbreviatedsarogers99
These slides were used in a presentation given to attendees at a recent UKTI / Natwest / Francis Clark LLP seminar in Salisbury - How to Open Up New Markets Overseas.
Tax treaties are agreements between countries to reduce double taxation on income. They define which taxes are covered, who is a resident of each country, and circumstances for taxing income of residents in the other country. Tax treaties aim to reduce taxes of residents in one country for income from the other country to alleviate double taxation. They provide exemptions and limit taxation to income from permanent establishments in the other country. Bilateral treaties are between two countries while multilateral treaties involve more than two.
This document discusses steps organizations can take to demonstrate reasonable prevention procedures and defenses against the corporate criminal offence (CCO) legislation introduced by the UK Criminal Finances Act 2017. It recommends conducting a risk assessment to identify potential tax evasion risks, developing appropriate prevention policies and procedures, implementing training programs, and monitoring controls. BDO, which has assisted over 150 clients with CCO compliance, can provide customized support options for the risk assessment and implementation of defenses through workshops, template documents, eLearning training, and other practical services.
This document summarizes key aspects of Ireland's transfer pricing rules and regulations:
1. Ireland's primary transfer pricing legislation is contained in Part 35A of the Taxes Consolidation Act 1997, which applies the arm's length principle outlined in the OECD Transfer Pricing Guidelines.
2. The Revenue Commissioners, Ireland's tax authority, is responsible for enforcing transfer pricing rules and resolving disputes through mutual agreement procedures in tax treaties.
3. Ireland's transfer pricing documentation requirements are not prescriptive, but taxpayers must maintain sufficient records to demonstrate their profits were computed on an arm's length basis if requested. Country-by-country reporting has also been adopted.
This document provides an introduction to tax treaties given by CA Pinakin Desai on April 19th, 2013. It discusses key concepts related to tax treaties including:
- The need to avoid double taxation through tax treaties that allocate taxing rights between countries.
- Types of double taxation and how treaties aim to eliminate juridical double taxation.
- The authority of governments to enter into tax treaties and how they are formulated.
- Interpretation of tax treaties based on principles from the Vienna Convention and guidelines from Indian Supreme Court cases.
- The typical structure and articles contained within tax treaties regarding scope, definitions, elimination of double taxation, and substantive provisions related to
Dutch tax saving possibilities for Ukrainian MNC’s. Juan TeltingICF Legal Service
Голландские компании в налоговом планировании. Как это работает. Организация substance (реального присутствия) в Нидерландах. Использование нидерландских компаний в международной торговле.
Juan Telting (STP Tax Lawyers. Netherlands)
This document provides an overview of international taxation concepts. It discusses how residency is a key factor in determining tax jurisdiction, as countries either tax worldwide income for residents or only income from domestic sources for non-residents. There can be conflicts when countries define residency differently, such as based on place of incorporation versus management and control, which can lead to double taxation. Treaties aim to resolve such conflicts but different countries take different approaches in their treaties. The concepts of residency, jurisdiction, and relief from double taxation are important aspects of international tax.
Lawyer in Vietnam Oliver Massmann Transfer Pricing in Mergers and Acquisitio...Dr. Oliver Massmann
The document discusses transfer pricing issues that arise in mergers and acquisitions (M&A) in Vietnam. Specifically, it notes that if the agreed transfer price in an acquisition is less than the book value of the seller's equity, the licensing authority may refuse to approve the acquisition. It also discusses unclear tax regulations regarding capital gains tax on offshore acquisitions. This lack of clarity creates uncertain financial obligations for investors and can impact deal timelines. The document recommends harmonizing interpretations of transfer pricing and clarifying regulatory frameworks on tax liabilities from M&A transactions in Vietnam.
Alison Vine, Director at Deloitte, gives practical and concise update on all the latest tax and NIC developments, topical tax issues, planning you will need to be aware of, and the impact of these changes on your clients and your business.
Getting the Deal Through: Insurance Litigation 2019Matheson Law Firm
Litigation partners, Sharon Daly and April McClements and senior associate, Aoife McCluskey author the Ireland chapter of Getting the Deal Through 2019.
Getting the Deal Through: Enforcement of Foreign Judgments 2019Matheson Law Firm
Partner Julie Murphy O'Connor and senior associate Gearóid Carey co-author the Ireland chapter for Getting the Deal Through: Enforcement of Foreign Judgments 2019.
Getting the deal through: Litigation Funding Ireland 2019Matheson Law Firm
Matheson's Sharon Daly, Aoife McCluskey and Valerie Sexton answer the Irish questions in the 3rd edition of Litigation Funding, explaining why third-party litigation funding is not generally permitted in Ireland, citing recent Supreme Court cases.
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
Helen Kelly, Head of the EU, Competition and Regulatory Group and Liam Heylin, Associate Solicitor in the EU, Competition and Regulatory Group co-authored the Ireland chapter for Getting the Deal Through: Dominance 2018.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dominance 2018 (Published: April 2018). For further information please visit www.gettingthedealthrough.com.
This document summarizes key findings from a research paper by Accuracy on cross-border M&A disputes. Some of the main points include:
- 57% of disputes analyzed were heard through private arbitration rather than traditional litigation.
- Almost a third of claims were for €10 million or less, while 15% were over €1 billion. Dispute amounts do not necessarily correlate with complexity.
- The majority of disputes arise due to surprises for the buyer after deal closing, such as unexpected costs or warranty breaches.
- Deals using a "locked box" purchase price mechanism, where the price does not change after signing, see far fewer disputes than deals using purchase price adjustments.
- Volatility in
This document provides information about an insurance litigation publication titled "Insurance Litigation 2017". It lists the contributing editors and publisher. It notes that the publication covers insurance litigation topics in various countries and was published in 2017 by Law Business Research Ltd in London. It states that the information is intended to be general and may require legal advice in specific situations.
Getting the Deal Through: Tax Controversy 2019, IrelandMatheson Law Firm
Tax partner, Joe Duffy, Tax principal, Greg Lockhart and Tax associate, Kathryn Stapleton co-author the Ireland chapter of Getting the Deal Through: Tax Controversy 2019.
The Revenue Commissioners are responsible for tax administration in Ireland. They verify compliance by reviewing tax returns, which typically takes less than four years from the filing date. Revenue can request information from taxpayers and interview employees. If taxpayers do not comply, Revenue can take enforcement actions like assessments, penalties and criminal prosecution. Taxpayers can protect privileged commercial information like legal advice. The standard limitation period for Revenue to review returns is four years.
This document summarizes business structures and legal processes in Italy. There are two main types of business structures - partnerships and capital companies. Partnerships include unlimited liability for partners while capital companies like S.r.l. and S.p.A. have limited liability. Information on companies can be found through the Italian Business Register. Judgments and financial information are available through credit reports from private agencies. Businesses contract with written contracts and invoices as evidence in courts which typically take 10-12 months for a judgment. Alternative dispute resolution includes mediation and arbitration.
This document summarizes the state of third-party litigation funding in Ireland according to the following key points in 3 sentences:
Third-party litigation funding is generally not permitted in Ireland due to common law rules against maintenance and champerty. While the courts have considered updating these laws, they have so far affirmed that third-party funding remains unlawful without legislative change. Some alternative options are available like conditional fee agreements, but professional third-party funding by those without a pre-existing interest in the litigation remains prohibited.
This document summarizes the views of GE on the need for early resolution in international arbitration based on their experiences. The key points are:
1. Businesses prioritize efficiency, speed, and certainty in dispute resolution but often find international arbitration takes too long, costing unnecessary time and money.
2. While international arbitration has advantages over litigation, its focus on due process delays resolution, frustrating businesses who just want to assess exposure and move on.
3. GE provides examples where arbitration took years with no early decisions on key issues, forcing frustrated parties to expensive settlements just to achieve closure, rather than fair resolution.
4. An early resolution procedure could help address this gap if arbitrators ensured its dilig
Chambers Global Practice Guide to Insurance and Reinsurance 2019 in IrelandMatheson Law Firm
Matheson Insurance Partners Sharon Daly, Darren Maher and April McClements co-author the 2019 guide to Insurance and Reinsurance in Ireland, as published by the Chambers Global Practice Guides
The document provides information about business structures, finding company information, credit checks, contracting, litigation processes, and courts in the United Arab Emirates. The most common business structure is a limited liability company. Company information can be found on chamber of commerce websites. Credit checks and judgments against businesses are available through credit reporting agencies. Litigation requires original documentation and translation to Arabic. Alternative dispute resolution includes arbitration and mediation, with some claims requiring attempted settlement first. Court proceedings involve filing claims through the court system consisting of courts of first instance, appeal, and cassation.
This document summarizes Irish competition law relating to the abuse of a dominant position. It outlines that abuse of a dominant position is prohibited by section 5 of Ireland's Competition Acts, which mirrors article 102 of the EU Treaty. The Competition and Consumer Protection Commission and Communications Regulation Commission can investigate potential abuses. To date there have been few court cases, but the CCPC frequently concludes investigations through negotiated settlements requiring companies to amend potentially anti-competitive practices.
The document summarizes the Companies Tribunal Bulletin which discusses alternative dispute resolution services provided by the Tribunal as a simple, speedy and cost effective way to resolve company disputes. It provides an overview of how mediation, conciliation and arbitration works at the Tribunal and the benefits it provides over litigation. Examples of passing-off cases are also highlighted where the Tribunal found company names were confusingly similar and ordered a name change.
Irish and EU legislation prohibit the abuse of a dominant position in trade. Dominance is defined as economic strength enabling a firm to behave independently of competitors, customers, and consumers. The purpose is strictly economic and does not protect other interests. Sector-specific regulators like ComReg can designate firms as having significant market power in electronic communications. Cooperation agreements coordinate enforcement between the Competition and Consumer Protection Commission and sector regulators. The dominance rules apply to all undertakings engaged in economic activity for gain, with no entities exempt.
CMS Bureau Francis Lefebvre is a French law firm with over 700 employees including 450 lawyers. It is part of the international CMS alliance network of law firms with over 2000 lawyers across 47 offices worldwide. CMS Bureau Francis Lefebvre provides legal services in business law, tax law, and employment law both within France and internationally through its offices and partnerships.
Similar to Getting The Deal Through: Complex Commercial Litigation 2019 (20)
The key points from the document are:
1. Ireland introduced formal transfer pricing legislation in 2010 that requires transactions between related parties to be conducted at arm's length prices.
2. The Irish transfer pricing rules were substantially updated in 2019 to broaden their scope of application.
3. Under the Irish rules, the taxable profits of companies must be computed based on accounting profits, subject to any adjustments required by law, including transfer pricing adjustments. Adjustments may deem transactions at undervalue to be deemed distributions for company law purposes.
Lexology Getting the Deal Through Air Transport 2020Matheson Law Firm
Finance and Capital Markets partners Rory McPhilips and Stuart Kennedy and senior associate, Stephen Gardiner co-author the Ireland chapter of Getting the Deal Through Air Transport 2020.
Corporate M&A partners Brian McCloskey and Fergus Bolster co-author the Ireland chapter of the International Comparative Legal Guide to Mergers and Acquisitions..
Stuart Kennedy, partner, authors The Assumption of Jurisdiction by the Irish Courts in Cases Involving the Registrar of the International chapter of the Cape Town Convention Journal.
Registry
1. Ireland taxes individuals based on their residence and domicile status. Resident and domiciled individuals are taxed on worldwide income and capital gains. Resident but non-domiciled individuals are taxed on Irish-source income and foreign income remitted to Ireland.
2. Ireland has gift, estate, and wealth transfer taxes called Capital Acquisitions Tax (CAT) imposed on beneficiaries. Rates are 33% but certain transfers like between spouses are exempt.
3. Other relevant taxes include income tax, capital gains tax, universal social charge, value-added tax, stamp duties, and a domicile levy for high-earning non-domiciled individuals.
International Comparative Legal Guide to Private Equity 2019Matheson Law Firm
Corporate partner, Brian McCloskey and Tax partner, Aidan Fahy co-author the Ireland chapter of the International Comparative Legal Guide to Private Equity 2019.
Commercial Litigation and Dispute Resolution partner, April McClements and senior associate, Aoife McCluskey co-author the Ireland chapter of the Class Actions Law Review, 3rd Edition.
Commercial Litigation and Dispute Resolution partner, Julie Murphy O'Connor and senior associate, Kevin Gahan co-author the Ireland chapter of the Insolvency Review, 7th Edition.
International Comparative Legal Guide to Business Crime 2020Matheson Law Firm
Commercial Litigation and Dispute Resolution partners Karen Reynolds and Claire McLoughlin co-author the Ireland chapter of the International Comparative Legal Guide to Business Crime.
This document provides information about transfer pricing rules and regulations in Ireland. It discusses the primary Irish transfer pricing legislation, the government agency responsible for enforcement, the role of the OECD Transfer Pricing Guidelines, the types of transactions covered by the rules, and Ireland's adherence to the arm's length principle. It also addresses Ireland's implementation of the OECD's base erosion and profit shifting (BEPS) project and its effects on the applicable transfer pricing rules.
Finance and Capital Market partners Rory McPhillips and Stuart Kennedy and senior associate, Stephen Gardiner co-author the Ireland chapter of GTDT Air Transport 2020.
Ireland introduced formal transfer pricing legislation in 2010 that broadly applies the arm's length principle to transactions between related parties, requiring the substitution of an arm's length amount for the actual consideration in computing taxable profits. The legislation applies equally to domestic and international transactions but does not apply to small and medium-sized enterprises. An adjustment to the accounting profits for tax purposes under the transfer pricing rules could also result in a deemed distribution under company law if the transaction was undertaken at an undervalue.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.