The Company Charge Register and the Constitution
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|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|
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