Philip Lee

This is a precedent solicitor's statement confirmation in accordance with the requirements of Legal Office Notice No 3 of 2010—Tailte Éireann. In order to counter against the risk of fraud with regard to the use of powers of attorneys Tailte Éireann introduced a requirement for the solicitor for the donee to provide a legal statement of confirmation in relation to the use of a donee's powers to execute documents under a power of attorney.

This Precedent is a general or ordinary power of attorney granted to an individual or another company to execute various documents and take various action on its behalf in respect of a property transaction pursuant to the Power of Attorney Act 1996 (Ireland). A power of attorney (also known as a POA) is a document by which one person gives another person the power to act on his behalf and in his name. It is a common tool for delegating power to act. It can either grant wide authority or be very specific.

This Practice Note looks at the provisions of the Companies Act 2014 (Ireland) that restrict and control substantial property transactions entered into between a company and its directors. It considers the process for authorising a substantial property transaction and the exceptions to the requirement for authorisation under the provisions.

An unlimited company is a private company whose members are not limited in their liability to contribute to the obligations of the company on winding up. This Practice Note summarises the main features of an unlimited company in Ireland and why an unlimited company might be used as a vehicle to carry on a business as opposed to a limited company.

This Precedent sets out the standard wording and format for a written resolution to be passed by the shareholders of an Irish private company limited by shares (as defined).

This Precedent sets out a number of specimen written resolutions of the directors of a private company limited by shares to approve the company’s entry into, and to authorise the directors’ execution of, documents.

This Precedent provides a simple and adaptable template for the passing of written resolutions by the sole director of a private company limited by shares.