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JULY 1996
Registration of Business Names
Act 1963
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.
Thus, the Act requires:
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.
Niall Casey,
Chairman,
Professional Guidance Committee
Residential Property Tax -
Clearance Certificates
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
A booklet outlining the main
principles relating to professional
undertakings is currently being
circulated to the profession. It is
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
undertaking is to rank after the
solicitor's costs and outlays.
Niall G. Casey
Chairman, Professional
Guidance
Committee.
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