Pearse Trust Blog



Factors to Consider Before Accepting a Trusteeship

Posted by Pearse Trust on Wednesday, Sep 21, 2016

Accepting a request to act as the trustee of a trust is an important decision, one which requires careful review of the duties and responsibilities a trustee will take on.  

A decision to accept the trusteeship of a trust should not be accepted blindly.  Under the case law of most jurisdictions, no one can be compelled to act as a trustee.  

This blog examines some of the factors that should be considered before accepting a trusteeship. 

Read More

Tags: Legal, Trusts

Dividends - Who Gets Paid And Why?

Posted by Pearse Trust on Monday, Sep 19, 2016

A dividend is a distribution to the shareholders of a company based upon the number and type of shares that they hold.  

Dividends are voluntary in the sense that there is no legal obligation for a company to pay a dividend, unless otherwise stated in the company’s constitution. 

A dividend must be paid from the distributable profits of the company and depending on the type of dividend it will be declared at a general meeting of the company or by a resolution of the directors. Once a dividend has been declared it is due and payable.

Read More

Tags: Ireland, Tax

The Sharing Economy – Why Are Tax Authorities Getting Interested?

Posted by Pearse Trust on Wednesday, Sep 14, 2016

The “sharing economy” may sound like one of those modern buzzwords, relevant only to those spending unhealthy amounts of time on their smartphones.

But it is turning out to be big business – but also potentially risky from a tax perspective.

Read More

Tags: Tax, Economy

Property Tax Considerations for Irish Companies

Posted by Pearse Trust on Monday, Sep 12, 2016

Under normal circumstances, an Irish company will purchase commercial property to use for the purposes of its business.

The purchase of residential property by an Irish company may not necessarily be for business reasons.

Where an Irish company decides to acquire either a commercial or residential property, it is important to consider the Irish taxation implications.

Read More

Tags: Ireland, Tax

Trump vs Clinton – From Rhetoric to Reality

Posted by Pearse Trust on Wednesday, Sep 07, 2016

Donald Trump and Hillary Clinton don’t agree on very much, and their tax plans reflect their intentions to take America in two very different directions.

Yet, amid the verbal barbs of an increasingly acrimonious Trump vs Clinton election campaign, they do find some common ground on tax.

Unsurprisingly, both candidates claim that their respective policies are a recipe for economic growth. Also, both claim that their plans will reintroduce fairness into the tax system.

Yet, in the main, their proposals are predictably partisan. Ergo, Trump has proposed a substantial tax cut for entrepreneurs, while Clinton’s spending programs are paid for by increasing taxes on the wealthy.

Read More

Tags: Tax, Guest Blogger, USA

Effective Board Meetings - A How-To Guide

Posted by Pearse Trust on Monday, Sep 05, 2016

Meetings are an integral part of how companies can make effective decisions and offer a platform for discussions on major strategic decisions.

They may be held for a specific reason or to discuss a host of issues affecting the mechanics and success of the firm.

In this blog, we will focus on the holding of effective board meetings and how to improve board meetings in general.

Read More

Tags: Directors, Corporate Governance, compliance

What To Do When a Fellow Director Declares a Conflict of Interest

Posted by Pearse Trust on Wednesday, Aug 31, 2016

 

Previously we discussed Conflicts of Interests and the importance of declaring a suspected conflict to your fellow directors.

In this blog we will discuss how the remaining board members should deal with a declaration of conflict of interest. 

When a board of directors is informed of a potential conflict, all reasonable steps must be followed to ensure that the company and its action are beyond reproach.

This includes discussing the issue, taking a vote and having the whole discussion is included in the minutes.

Read More

Tags: Directors, Corporate Governance, UK

A Conflict of Interest: When & How to Make the Declaration

Posted by Pearse Trust on Monday, Aug 29, 2016

As an officer of a Company, a director must endeavour to recognise and avoid instances when their own interest may conflict with the interests of the Company.

While avoiding conflicts had historically been a director's duty covered by Common Law, formal legislation was added to the UK Companies Act on 1 October 2008. 

Section 175 of the Companies Act 2006 states that a director has a duty to avoid any “situation in which he has, or can have, a direct or indirect interest that conflict, or possibly may conflict, with the interests of the company”.  An example of an indirect interest would be if the Company you act on behalf of is considering buying land which is owned by a relative.

The Companies Act makes specific reference to the importance of acknowledging conflicts specific to property, information or opportunity, for example meeting a potential new client through your role as director of ABC Limited, but forming a business relationship through another company you act for.

Read More

Tags: Directors, Corporate Governance, UK

A Refresher on Irish Tax Filing and Payment Deadlines

Posted by Pearse Trust on Wednesday, Aug 24, 2016

The main purpose of this material is to give a general update of the more important Irish tax filing and payment deadlines under the Irish self-assessment tax system.

Corporation Tax

Irish tax resident companies are required to file its Corporation Tax (“CT”) return via Revenue’s Online Service (“ROS”). The CT return and balancing tax payment are generally due by the ninth month after the accounting period (“AP”) end but no later than the 23rd day of that month.

Read More

Tags: Ireland, Tax, VAT

Solicitors' Fee Agreements: Case Study

Posted by Pearse Trust on Monday, Aug 22, 2016

The recently decided UK case of Rosenblatt v Man Oil Group SA [2016] EWHC 1382 (QB) highlights the importance of clarity of wording in solicitor’s retainer / engagement letters with regards to revising fee agreements.

In this case, the High Court considered an appeal in a dispute surrounding the interpretation and application of a fixed fee structure in a solicitor’s retainer.

More specifically, it was considered whether the solicitor was to be held to a fixed fee structure which had been agreed with his client, or whether that structure had been superseded thereby entitling the solicitor to charge fees, on an hourly rate, subject to assessment, that were higher than those agreed by the fixed fee structure.

Read More

Tags: Legal, United Kingdom