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- PublicationThe Company Charge Register and the Constitution(University College Dublin, School of Law, 2013)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.
- PublicationThe Post-Crisis Eurozone: Mapping the Banking Union(2013-02-28)This paper will focus on the proposal for the single supervisory mechanism (SSM) published by the European Commission in September 2012. It will describe the structure of the supervisory process envisaged by the Commission’s proposal paying close attention to the roles of the European Central Bank (ECB) and European Banking Authority (EBA).
- PublicationThe Certificate of Registration and the Company Charge Register(Clarus Press, 2013-12)This article will examine the judicial interpretation of the conclusive evidence rule. It will argue that the current interpretation of section 104 of the Companies Act 1963 is seriously flawed and is based on an incorrect reading of the statutory text. It will also contend that the current interpretation undermines the legislative policy behind the company register and that an alternative interpretation of the section would enhance the operation of registration system. The article is divided into three sections. The first section summarises the existing legislative provisions which established the system of company charge registration. The second section examines a number of reported Irish and English cases which have required the courts to consider the meaning of section 104 or its English equivalents in various different circumstances. The third section presents an alternative possibility for the interpretation of section 104 and argues that this alternative demonstrates greater fidelity to the statutory text as well as offering a more sensible policy outcome in the operation of the company charge register. A brief conclusion follows which includes a discussion of the proposed changes to Irish company law in the Companies Consolidation and Reform Bill 2012.