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GAZETTE
SEPTEMBER 1981
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. •
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.
Correspondence
The Editor,
The Law Society Gazette,
Blackhall Place,
Dublin 7.
Re: Comment (July/August, 1981 Gazette)
Dear Sir,
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.
NATIONWIDE
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Legal Profession
126 Broadford Rise, Ballinteer, Dublin 6
Tel. 01 989964
Incorporated Law Society of Ireland
IMPORTANT NOTICE
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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