Corporate Law

Corporate Law & Corporate Governance

All enterprises in Ireland, whether they operate in the commercial sector, the commercial semi-state sector or as not-for-profit organisations, need to attract funding to expand and grow. Investors, including shareholders, government and charitable donors, lenders, as well as directors and key stakeholders of every business enterprise, want to ensure that the business not only operates on a solid financial footing but that it is soundly managed in an ethical and responsible way. Recent events have shown that a focus on financial performance alone is not in itself sufficient – it is now accepted that compliance with best practice in terms of corporate governance is also required. Embracing best practice in corporate governance can help prevent corporate collapse, avoid reputational damage and maintain or restore investor confidence.

Able Corporate Law Solicitors has a dedicated and experienced Corporate Governance Department which is available to assist and advise all enterprises in relation to best practice on corporate governance issues including:

• Corporate governance law and regulation, both mandatory regulations, and self regulation; enforcement; legal obligations; obligations pursuant to the Combined Code; listing requirements; and other best practice guidelines and initiatives;
• The role and responsibility of company boards and the role, function and responsibilities of board sub-committees including audit, remuneration and nomination committees;
• Directors’ responsibilities including statutory and fiduciary responsibilities, risk areas, reckless trading, fraudulent trading, conflicts of interest, duties of confidentiality, whistle blowing procedures etc.;
• Employment law issues relating to selection and appointment of executive and non-executive directors, remuneration and incentives, legal, stock exchange and other requirements, management and employee incentives, including employee share ownership schemes;
• Department of Finance Code of Conduct for Public Bodies, and Ethics in Public Office requirements, and obligations and responsibilities of bodies in receipt of exchequer funding;
• Charities Act 2009 and its implications for charitable organisations;
• Accounting and reporting responsibilities of directors and boards;
• Risk management and directors, particularly non-executive directors, in the context of reputational risk, appropriate risk structures, and directors & officers liability insurance.

Able Corporate Law Solicitors will guide and advise businesses and enterprises with the objective of enabling each organisation achieve best practice in corporate governance in terms of its own operation. We also independently advise directors, both executive and non-executive, in relation to the legal and governance issues which affect them personally such as Shareholder’s Agreements and Severance Agreements.