The Gazette 1981

GAZETTE

SEPTEMBER 1981

Correspondence The Editor, The Law Society Gazette, Blackhall Place, Dublin 7. Re: Comment (July/August, 1981 Gazette) Dear Sir,

whatever have been lodged or that lodgement has taken place only a few days earlier, (b) Many requests are received from practitioners for incorporation of companies as a matter of urgency. In some of these cases, it is found that the documents were executed some considerable time previously but, for some reason, they were not presented at the Registry at the time of or shortly after the date of their preparation. 5. Availability of Names In the matter of availability of names problems abound. Many practitioners are quite co-operative about this very sensitive and subjective area. Some, however, add terms like Irish, Ireland, National or Euro to names already rejected and expect the amendment to be acceptable. Another example is where a practitioner applies for approval of a list of names as follows: Milford Construction, Milford Properties, Milford Developers, Milford Homes and Milford Estates. Experience shows that such names, almost invariably, are used for building concerns, but many practitioners are reluctant to accept that such lists cannot be accepted in their entirety. Sometimes approval of the name of a company is contingent on production of a letter confirming that the proposed company is associated with a company already registered and having a similar name. Very often the incorporation documents arrive without any letter of association, and the letter of association is produced only when the incorporation documents are returned because of unsuitability of the name. •

Under the heading "Comment" in the July/August issue of the Gazette you make reference to the effects of Statutory Instrument No. 237 of 1981 which removes the necessity for a Statutory Dublin Agent. As the firm which will be identified by many who read your "Comment" as that which "enjoys almost a complete monopoly of Agency Practice", there are important aspects which we would like to clarify. Firstly: The word "almost" does not sufficiently remove the implication that a monopoly situation exists and the other firms who do this work and have done so for many years, should not be "written off". There is no monopoly here and a monopoly would, in our view, be highly undesirable. Secondly: We may be unduly sensitive in reading the "Comment", but we see in it a suggestion that Dublin Agents are now only an interesting fact of History and have no further use. Nothing could be further from the truth. Solicitors throughout the country will understand what we say and we would hasten to reassure them that we do not see the new provision as having more than a minimum technical effect and, certainly, there will be no change in our approach to the work we do. Finally: Those concerned should give some thought to the complications regarding delivery of pleadings which could result from the abandonment of a Registered Dublin Address if there is not a provision speedily made for posting such deliveries. It is not at all clear that provisions for certain types of service by post which were introduced by the Court Act 1971 covers the delivery of pleadings. Let the change that has not been made not be allowed to cause more trouble than it is worth although there is no shortage of precedent for such a result! Yours faithfully, DENIS R. PEART, Solicitor, 27 Upper Ormond Quay, Dublin 7.

SOLICITORS Wm. Fry & Son are seeking TWO SOLICITORS

to join departments within the firm. An attractive commencing salary & Benefits (commensuratewith experience) will be negotiated and prospects of advancement and specialisation are excellent. Please write with Curriculum Vitae (Ref. O/C McG) to

WM. FRY & SONS, Solicitors, Fitzwilton House, Wilton Place, Dublin 2.

Incorporated Law Society of Ireland IMPORTANT NOTICE

NATIONWIDE INVESTIGATIONS LIMITED

The attention of solicitors with full Practising Certificates i.e. all practising solicitors (other than those solicitors who certify in any year that they are employed as Assistant Solicitors or those in the full-time service of the State) is drawn to their legal obligation to file Accountants' Certificates with the Law Society within six months after the end of their accounting year. Any such solicitor, who is in arrear in filing his Accountants' Certificate as of 6th February. 1982, will not be issued with a Practising Certificate for the practising year commencing 6th January. 1982. The current status of individual solicitors will be furnished to members of the Society on request. JAMES. J. 1VERS, Director General.

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