Pearse Trust Blog



Private Trust Company

Posted by Pearse Trust on Wednesday, Jan 18, 2017

For those establishing a trust, one of the first things to consider is who to appoint as trustee. Some might consider a trusted advisor or a professional trust and services company. Others might consider establishing a private trust company (PTC). This article with discuss PTCs. 

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Tags: Trusts

The EU AML:  Beneficial Ownership of Corporate Entities Regulations 2016 – An Overview

Posted by Pearse Trust on Monday, Jan 16, 2017

The EU (Anti Money Laundering:  Beneficial Ownership of Corporate Entities) Regulations 2016 (SI 560 of 2016) (“the Regulations”) were commenced on 15 November 2016.  Their purpose was to transpose Article 30(1) of the EU Fourth Money Laundering Directive (MLD4) into Irish law. 

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Tags: EU, AML

Ireland’s Proposed Property Fund Tax – Investors Beware!

Posted by Pearse Trust on Wednesday, Jan 11, 2017

New legislation introduced in the Irish Finance Act 2016 and signed into Irish law by the President at the end of December 2016, provides for a new tax regime for Irish Real Estate Funds (IREFs).

While the details remain sketchy, here we look at how the new tax may impact property fund investors.

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Tags: Ireland, Tax

Irish Tax Implications for non-Irish Residents Transferring Shares in Irish Companies.

Posted by Pearse Trust on Monday, Jan 09, 2017

Favourable Irish tax treatment exists with regard to the transfer of shares in Irish companies between non-Irish residents.

Where carefully structured, no Irish Capital Gains Tax (“CGT”) will arise on the disposal by a non-Irish resident individual or corporate of the shares in the Irish company.  

Also, depending on the market value of the shares in the Irish company or whether any relief is possible under Irish tax law, no Irish stamp duty may arise on the acquisition by a non-Irish resident individual or corporate of a shareholding interest in an Irish company.

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Tags: Ireland, Corporate Governance, Shareholders, Shares

UK Enterprise Investment Scheme Increasingly Popular

Posted by Pearse Trust on Wednesday, Jan 04, 2017

The United Kingdom’s Enterprise Investment Scheme is a tax-based Venture Capital Scheme designed to help smaller, higher-risk trading companies raise finance. According to recent figures, the scheme encouraged taxpayers to invest almost £2bn in 2014-15.

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Tags: United Kingdom, UK

What Is A Golden Share?

Posted by Pearse Trust on Wednesday, Dec 14, 2016

In Irish company law, a “golden share” is  a particular type of share, issued for the sole purpose of giving its holder the power to control the board of directors of the company which has allotted the golden share.

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Tags: Ireland, Legal, Shareholders, Shares

The Role Of A Proxy

Posted by Pearse Trust on Monday, Dec 12, 2016

A proxy is a person who is designated by a member of a company to attend a general meeting and vote in place of that member.

Section 136 of Companies Act 1963 provides that any member of a company entitled to attend and vote at a meeting of the company shall be entitled to appoint another person (whether a member or not) as his/her proxy to attend and vote instead of him/her. A proxy so appointed shall have the same right as the member to speak at the meeting and to vote on a show of hands and on a poll.

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Tags: Ireland, Corporate Governance, Shareholders

The UK: Open For Business  –  Post Brexit

Posted by Pearse Trust on Wednesday, Dec 07, 2016

Further to June’s Brexit vote, the UK continues to strive towards showing that it remains a major economic player, remaining firmly open for business. 

Amidst the uncertainty, there have fortunately been a number of positive events which help reinforce the ‘open for business’ mantra, some of which are summarised in brief in today's blog post. 

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Tags: United Kingdom, EU, brexit

Corporate Governance Best Practice

Posted by Pearse Trust on Monday, Dec 05, 2016

The Cadbury Committee 1992 defined corporate governance as "the system by which companies are directed and controlled." Numerous theories have been proposed on corporate governance best practice, none more popular than the shareholder and stakeholder theories.

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Tags: Corporate Governance

Audit Committees – The Facts In 2 Minutes

Posted by Pearse Trust on Wednesday, Nov 30, 2016

An audit committee can play a very important role in a company’s corporate governance policy. Any company in Ireland may set up an audit committee, however the Companies Acts do indicate that ‘public interest entities’ such as banks, insurance companies and companies with shares quoted on a stock exchange must have an audit committee.

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Tags: Directors, Corporate Governance, Audit