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GAZETTE
JULY/AUGIJST
19
Correspondence
The Editor
Law Society Gazette,
Blackhall Place,
Dublin 7.
15th May, 1984
Dear Sir,
Re: A.G.M. 1984
I was very interested to read the letter from Michael
O'Malley regarding the Report of the small attendance at
the Society's A.G.M., and his purported reason for not
being able to attend it.
Perhaps members are not aware, possibly because they
do not attend, and may not even read the Reports of
A.G.Ms., that the date for the following A.G.M. is always
fixed one year in advance.
I quite frankly find that the excuse, which has been
made for many years, of the timing of each A.G.M., is
facile, and I believe that even if Mr. O'Malley's suggestion
were to be followed, members would fail to attend equally
as they have in the past.
It seems to be forgotten that an Annual General
Meeting of members does have a purpose, and that is for
members to voice their opinions on the running of their
Society. Over the many years that I have been present at
A.G.M s., the attendance has always been derisory, and is
an indication of the apathy of the members.
If members are really interested in what goes on within
the Society, they will find no great difficulty in making the
effort to attend the A.G.M.
Yours etc.,
Quentin Crivon,
Solicitor,
94 Lr. Baggot St.,
Dublin 2.
The Editor,
Law Society Gazette,
Blackhall Place,
Dublin 7.
17th May, 1984
Dear Sir,
Re: A.G.M. 1983
I merely write to add support to the sentiments
expressed in Michael O'Malley's letter, the April issue of
the
Gazette.
Yours faithfully,
Bernard Gogarty,
Solicitor,
30 Magdalene Street,
Drogheda.
The Editor
Law Society Gazette,
Blackhall Place,
Dublin 7.
14th May, 1984
Dear Sir,
Re: Section 45 Land Act 1965
I note with interest the reference on page 73 of the
Gazette
for April 1984 on the subject of Statutory
Instrument No. 144/1983.
Immediately after the Statutory Instrument came into
force we had cause to act for two British citizens in the
purchase of a rural property, and as such were obliged to
draft the necessary Certificate for the Transfer which was
settled in consultation with the Land Commission, the
Land Registry and the Building Society's solicitors in
question. The following is the form of Certificate:
"AND IT IS HEREBY (FURTHER) CERTIFIED by
A.B. and C.D. who become entitled to the entire
beneficial interest in the property transferred as
follows:
(a) That they are both (British) citizens and as such
are each citizens of a Member State of the Euro-
pean Economic Community.
(b) that they both intend to live permanently in
Ireland and as such are both exercising their rights
of establishment under Article 52 of the Treaty of
Rome,
(c) that each of them is self-employed.
and as such are persons not requiring the consent of the
Land Commission within the meaning of Section 45 of
the Land Act 1965."
From our consultations with the Land Commission it is
clear that the Commissioners interpret the Statutory
Instrument as clearly requiring permanent residence and,
therefore, the question of holiday homes or retirement
homes where all parties on Title are not going to be
engaged in full-time gainful self-employment while so
resident in the premises within the State does not come
within the Statutory Instrument.
I trust that this information is of assistance to
colleagues.
Yours sincerely,
Brian O'Reilly,
B. P. O'Reilly & Company,
Irish Permanent House,
Main St.,
Tallaght,
Co. Dublin.
Mr. James J. Ivers,
9th May, 1984
Director General,
The Law Society,
Blackhall Place,
Dublin 7.
Dear Mr. Ivers,
I refer to your letter of 2 May, 1984 in which you refer to
complaints being received from a number of your
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