The Company Charge Register and the Constitution

Files in This Item:
File Description SizeFormat 
Company_Charges_Constitution_Submission_Draft_Final_Eds.docx72.92 kBMicrosoft WordDownload
Title: The Company Charge Register and the Constitution
Authors: McGrath, Noel
Permanent link: http://hdl.handle.net/10197/6182
Date: 2013
Abstract: This article proposes to contribute to the legal literature on company charge registration by systematically analysing the constitutionality of section 104. It will further examine the related, and novel, question as to whether section 104 is compatible with the State’s obligations under Article 6 of the European Convention on Human Rights and Fundamental Freedoms (‘ECHR’). The article is divided into six parts.Part I introduces the company charge register and Part II examines the role which the certificate of registration plays in the operation of the system. Parts III and IV will examine claims made in the existing legal literature that section 104 is contrary to the Constitution and will argue the argument that there is indeed a constitutional infirmity in the section. Part V will consider the compatibility of section 104 with Ireland’s obligations under the European Convention on Human Rights. Part VI will examine how the arguments developed in previous sections might inform the proposed reforms contained in the Companies Bill 2012 which at the time of writing is completing its passage through the Oireachtas. A brief conclusion follows.
Type of material: Journal Article
Publisher: University College Dublin, School of Law
Keywords: Company law;Charge registration
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

Show full item record

Google ScholarTM

Check


This item is available under the Attribution-NonCommercial-NoDerivs 3.0 Ireland. No item may be reproduced for commercial purposes. For other possible restrictions on use please refer to the publisher's URL where this is made available, or to notes contained in the item itself. Other terms may apply.