The Gazette 1991

GAZETTE

JULY/AUGUST 1991

appropriate undertaking. (See

page 188 of

Solicitors'

Hand-

book).

SOLICITORS UNDERTAKINGS

Certain Investment Companies

have approached members of the

profession seeking undertakings to

support considerable borrowings

from Lending Institutions where the

Solicitors Undertaking, indicates

adequate collateral and security

(which is stated to be unencum-

bered) to back such undertakings

and bo r r owi ngs, wh i ch it is

indicated are under the control and

supervision of the solicitor con-

cerned.

Inducements for giving such

Undertakings are very often con-

siderably large and very tempting to

the unwary.

Solicitors should not give such

Undertakings unless they are

absolutely certain that such col-

lateral is evidently available, clearly

unencumbered and is and will

remain under the personal control

and supervision of the solicitor

concerned.

The letter of Undertaking drafted

by such companies requires the

solicitor to certify membership of

the Solicitors Mutual Defence

Fund. Practitioners will be aware

that the SMDF indemnity is limited

to £250,000 in respect of each

claim by a member.

•

ANNUAL LICENSING COURT

The Annual Licensing Court for the

Dublin Metropolitan District will be

held at Court No. 33 on the second

floor of the Chancery Place wing

directly over the porter's office as

follows:-

Thursday 26th September, 1991

10.30 a.m. CLUB RENEWALS.

2 . 00 p.m. OBJECTIONS TO

PUBLICANS' LICENCES.

Friday 27 th September, 1991

10.30 a.m. CONFIRMATION OF

TRANSFER.

Monday 30th September, 1991

10.30 a.m. DANCE LICENCES.

2.00 p.m. MUSIC AND SINGING

LICENCES.

Tuesday 1st October, 1991 10.30

a.m. RESTAURANT CERTIFICATES.

2.00 p.m. GENERAL EXEMPTIONS.

The Newspaper notice need not be

a full copy of the notice filed in

Court, and the following is a

suggested shortened notice:-

THE DISTRICT COURT

DUBLIN ANNUAL LICENSING

COURT

TAKE NOTICE that Patrick Murphy

will apply at Court 33, Four Courts,

Dublin 7 on 27th September, 1991

at 10.30 a.m. for confirmation of

transfer of an ordinary publican's

licence attached to 274 Chancery

Street.

Box and Cox

Solicitors.

The advertisement need not

include the names and addresses

of notice parties.

This form can be adapted for

other applications which require a

newspaper advertisement.

The object of the suggested

notice is to reduce the cost of the

app l i ca t i on, but of

course

practitioners are free to use the

longer form if they wish.

Incorporated Law

Society of

Ireland

CONSULTATION

ROOMS

Four Courts

With effect from

1 September, 1991

the cost of hiring a

Consultation Room will

be £20 per hour or part

of an hour.

USE OF EXTERNAL FAX

MACHINES

Solicitors who do not themselves

possess fax machines occasionally

may be asked to receive or send fax

messages using the facilities of a

fax machine in other premises. In

such circumstances it is imperative

that, in order to maintain the con-

fidentiality of the information pass-

ing, a member of the solicitor's firm

attends at the fax machine to mon-

itor the transmission of the message.

Such arrangements should be

made on an individual basis. Under

no circumstances should the

number of any fax machine which

is not in the solicitor's office and

under the direct control of the

solicitor be displayed on the firm's

notepaper.

The Society will regard any such

display or the unsupervised use of

external fax machines as unpro-

fessional conduct, involving as it

does a serious risk of breach of

client's confidentiality.

•

STAMP DUTY -

AMNESTY

The attention of the Taxation

Committee has been drawn to an

article appearing in the

Irish Tax

Review

for July 1991 by Aoife

Goodman of Craig Gardner & Co.

in which she suggests that

amnesty situation may exist

for

stamp duty in respect of instru-

ments executed before 1

November 1991.

If such a

situation exists, these instru-

ments would not be liable to

penalty and interest charges.

The interpretation of the

provisions of Section 100 Finance

Act 1991 which may bring about

this situation is not one with

which the Revenue Commiss-

ioners agree.

However, it is the Taxation

Committee's opinion that there

are uncertainties in the legislation

and it is the Court which must be

the final arbiter of any dispute

arising from conflicting interpre-

tations.

The Revenue Commissioners

will issue a Statement of Practive

in August which will set out their

interpretation of the Interest and

Penalties Section and how various

instruments will be treated within

that section. A copy of this

Statement of Practice will be

made available to the profession

as soon as it comes to hand.

Taxation Committee

230