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GAZETTE
AUGUST/SEPTEMBER
COUNCIL OF THE SOCIETY
Recommendation of the Conveyancing Com-
mittee of the Incorporated Law Society of
Ireland with regard to Registry of Deeds
Searches.
In the Edition of the Gazette dated November, 1976, a
recommendation of the Conveyancing Committee was
published recommending that from the 1st of January,
1977, Dublin Practitioners should in sales of individual
properties adopt the Country practice of the purchaser
making all searches.
The recommendation specifically mentioned that the
practice on a building estate of the Vendor lodging a
Master Search and distributing certified copies in due
course should be continued as it was the most logical
method of dealing with it.
It has been brought to our notice that some solicitors
acting for Builders on Building Estates, are not lodging a
Master Search and have cited as their authority the
Conveyancing Committee's recommendation of
November, 1976.
We would like to draw the attention of Solicitors to the
fact that the recommendation of the Conveyancing Com-
mittee did
not
suggest any change in the practice
regarding master searches on Building Estates.
Presentation of Parchments
The next Presentation of Parchments will take place on
Thursday, 1st December, 1977, at 4 p.m.
Apprentices whose indentures have expired and have
passed all the Society's examinations and who wish to
receive their parchments should lodge with the Society on
or before 18th November, their full name and address in
Irish and English together with a Form AE 5 completed by
the apprentice and the master.
Please note that no applications will be accepted after
18th November, 1977.
RESIGNATION OF MR. PATRICK NOONAN
The President announced at the Council Meeting of
15th September, that Mr. Patrick Noonan had resigned
from the Council. Mr. Noonan was President of the
Society in 1967/68 when the International Bar
Association held their meeting in Dublin. The President
and members of the Council expressed regret at losing Mr.
Noonan's services and thanked him for the services he had
rendered to the Council.
COMPANY FORMATION
Over recent months, lengthy delays were experienced in
obtaining names from the Companies Office.Following
repeated representations, Mr. N. MacLiam, Assistant
Secretary, Department of Industry & Commerce, has
written to the Director General:—
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"I have looked into the situation in the Companies
Office which you raised in your letter of the 12th. I find
that, owing to a staff bottle neck, there is in fact as you say
a lag of six weeks in incorporating companies. There is to
be an O & M inspection of the Office this month, and I
hope it will be possible to do something which will enable
this position to be improved.
"I am unhappy at your reference to "the generally
unsatisfactory performance of the Companies Office".
From my examination of the position, and indeed from the
tributes paid by a number of solicitors dealing with it, I feel
that the Office in general gives a particularly helpful,
prompt and courteous service. There do not appear to be
any delays other than in the one under-staffed section we
have been talking about. May I say that having spent some
time looking at the work of that section I would feel
satisfied that it could be quite up-to-date with its existing
staff were it not that an extraordinarily high number of
applications sent in by solicitors are in a most
unsatisfactory state. One example quoted to me — I do not
of course suggest that it is typical —was that out of
seventeen applications received on a particular day
fourteen had to be returned for amendment in one respect
or another and only three could be accepted for
incorporation. Anything that could be done to improve the
standard of submissions for solicitors would be more than
welcome".
The requirements of the Companies Office as to
Company Names are set out below.
COMPANIES ACT, 1962
AVAILABILITY OF NAMES FOR PROPOSED
COMPANIES
Members will recollect that any name considered
undesirable may be rejected pursuant to Section 21 of the
Companies Act, 1963. Names will not be acceptable, for
instance, which:
(a) imply State sponsorship.
(b) are barred or restricted by legislation; a company
name may not consist of or contain the words
"Standard", "Caighdean" or the initials I.S. or C.E.
nor may the words "Bacon Producers" be used. Such
words as "Bank", "Banker", "Banking", etc. may be
used only with the consent of the Central Bank.
(c) are so similar, by sight or by sound to the names of
existing registered companies as to cause confusion in
the public mind.
(d) contain words that are so general in meaning as to
cause confusion with companies already registered, or
which would seem to assume solerights to a particular
field of business e.g. "Plastics Limited" or "Irish
Plastics Limited".
Not*
— The availability of a particular name is open to reconsideration
up to the date of incorporation and applicants who incur expenses on the
assumption that the name will be approved do so at their own risk.