The Gazette 1996

JULY 1996

Registration of Business Names Act 1963

hoped that the booklet will prove useful to members, firstly, when they themselves are giving or accepting undertakings and secondly, so that they will understand the principles against which professional conduct relating to undertakings will be considered, if a matter comes to the attention of the Law Society. Oral undertakings will not be enforced. Members should note that the Society does not recommend the giving or accepting of oral undertakings. Oral undertakings are recognised in law and will be enforced by the courts. However, the Society wishes to promote the better practice of a solicitor always seeking a written undertaking. The Society's policy now, is not to assist the enforcement of oral undertakings as a matter | of conduct. I Oral undertakings can lead to J uncertainty as to the nature and extent of the undertaking. Evidential problems may arise. When oral undertakings are given, the lack of formality detracts from the gravity | which should be attendant on the giving of any undertaking. The enforcement of oral undertakings given to a court are a matter for the court. Priority of solicitors' costs and outlays. The committee also wish to draw the attention of the profession to the ranking of solicitors' costs and outlays where an undertaking is being given. It is noted that solicitors often furnish to lending institutions, standard undertakings | which provide that the undertaking is j to rank in priority to the solicitors' costs and outlays. The committee recommend that members seek an ! amendment stating that such an

Residential Property Tax - Clearance Certificates

Section 3(1) (a) of the act provides that every firm having a place of business in the State, and carrying on business under a business name which does not consist of the true surnames of all partners who are individuals, shall be registered in the manner directed by the Act. Section 4 provides that every person, required under the Act to be registered, shall furnish, by sending by post or delivery to the registrar, a statement in writing in the prescribed form containing, amongst other things, the list of partners of the firm. In addition, Section 18(1) (b) j requires all business letters, ! circulars and catalogues on, or in which, the business name appears, and which are sent by that person to any person, to state in legible characters, in the case of a firm, the present christian names, or the initials thereof, and the present surnames, and former christian names and surnames, the nationality, if not Irish, of all partners in the firm or, in the case of a body | corporate being a partner, the corporate name. 1. That all solicitors list the names of partners on their notepaper. 2. That solicitors using other than their own name as the name of the firm, should register those names as business names under the Act, and must provide details of the partners of the firm, when registering same. A statement on the notepaper saying that a list of partners is available on request, would not be sufficient to comply with the Act. Thus, the Act requires:

Í Practitioners are reminded that a Clearance Certificate in respect of | Residential Property Tax should be ; obtained from the Revenue Commissioners, Capital Taxes Branch when a property is being transferred from one spouse to the other. Section 110 A(9) of the Finance Act ! 1983 provides that any residential property tax and interest due and outstanding on the date of a transfer of property from one spouse to the other shall be and remain a charge on the property for twelve years. Form RP54 is the application form for a Certificate of Discharge from Residential Property Tax (transfer of spouse) and provided that the tax has been discharged a Certificate will be issued promptly by the Revenue Commissioners that there is no outstanding charge for Residential Property Tax in relation to the transfer. I It should also be noted that if the Í couple own two or more properties which are available for their use, RPT Clearance Certificates should be ! obtained even if the value of each of the properties is below the market exemption limit. Practitioners are also reminded that a Particulars Delivered stamp must be impressed on all Transfers/ Conveyances/Assignments including voluntary dispositions in compliance with the 1995 stamp duty (PD) Regulations however the regulations do not apply to any transaction creating a joint tenancy in the family home between spouses.

Family Law and Civil Legal Aid Committee

Undertakings Booklet

undertaking is to rank after the solicitor's costs and outlays. Niall G. Casey Chairman, Professional

A booklet outlining the main principles relating to professional undertakings is currently being circulated to the profession. It is

Niall Casey, Chairman, Professional Guidance Committee

Guidance

Committee.

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