Company Law in Ireland: Fundamental Concepts and Doctrines

Description

Author: Professor Irene Lynch Fannon | ISBN:  9781917134194 | Format: Paperback | Price:  €NF | Publishing:  Winter/Spring 2026

About

Developed over 30 years’ of research and teaching company law the author takes an innovative approach to explaining and developing for students and practitioners topical concepts and doctrines that dominate company law issues in Ireland. Company Law in Ireland: Fundamental Concepts and Doctrines gives the reader a critical overview and in-depth analysis of existing company law principles and future trends. Each subject begins with a discussion of modern issues considered through the lens of precedent and statutory developments that have led us to the point at which the law is now developing. This innovative approach is presented as an alternative to the descriptive overview of company law which may be found in other textbooks or sources. Company Law in Ireland: Fundamental Concepts and Doctrines is an analytical and insightful resource where the reader will find substantial references to other works and materials (including Governance Codes and other relevant EU and government reform proposals), thus contributing to the enrichment of Irish scholarship and expertise, for both practical and academic purposes, rather than a work that simply provides a step-by-step reference guide as can be found in existing texts.

How the Book is Structured

It is increasingly obvious that given the availability of material across many different platforms and sources a purely descriptive text can, for the most part, be produced using a variety of sources including Generative AI tools. What is required from a modern author is a critical overview and in-depth analysis of existing material and future trends. For this reason, rather than taking a descriptive approach, each chapter will begin with a short introduction to the topic, followed by sections highlighting the ‘cutting edge’ or topical issues relating to that topic. These are issues that dominate our thinking at this moment in time, which are currently being addressed in either domestic or EU legislation. These parts will be followed with a section in each chapter which will include a summary of the current doctrinal position referring to key statutory provisions, cases and other sources. A concluding section in each chapter will highlight the direction of travel in terms of proposed reform developments from the EU and / or domestically.

Where necessary, a comparative element will be included to highlight developments that have occurred in other jurisdictions that are likely to inform the development of Irish law.

Content Includes

Prologue: Introduction to the Limited Liability Company

The history of the limited liability company. Variations on this simple idea. The current legal framework. Sources of Irish company law.

Chapter 1: The Limited Liability Company: Fundamental Concepts and Doctrines

Corporate Personality, Limited Liability and the Share.

Chapter 2: Shareholders as Owners

Incidents of share ownership, voice and control, rights and remedies in one-man companies to the listed plc.

Chapter 3: Owners and Controllers: Governance

Agency problems, corporate governance codes, corporate decision making, corporate authority.

Chapter 4: Controllers, Directors, Managers and other Officers

Control, management and duties to shareholders and other stakeholder interests, corporate social responsibility and modern developments in due diligence.

Chapter 5: Financing the company: Equity

From start-ups to basic concepts for financing growth, financial rights of shareholders, capital maintenance rules.

Chapter 6: Financing the company: Debt

Debt finance, securitisation, creditors’ rights and enforcement.

Chapter 7: Insolvency Processes

Insolvency processes from liquidation and receivership to rescue.

Chapter 8: Rescue and Restructuring

Ireland as an important rescue jurisdiction, Examinership, European Directives, Restructuring.

Chapter 9: Other Matters in Insolvency

Creditor ranking and rights, asset swelling measures, public enforcement of directors’ and officer liability.

Chapter 10: External impacts on Company Law, Future Trends

Jurisdiction and related matters, international tax, competition law, ESG and climate change.

About the Author

Irene Lynch Fannon is a Professor Emerita, School of Law, University College Cork. She is a Member of the Company Law Review Group,  where she is Chair of the Insolvency Committee, an expert member of the European Commission Expert Group on Restructuring and Insolvency Law and former lecturer  of Company Law, Corporate Insolvency and Rescue Law  in the School of Law at UCC since 1987 where she also taught Contemporary Issues in Corporate Law. She is former Head of Knowledge Management at Matheson LLP 2021-2024.

Who Should Buy This Book?

Although primarily aimed at a students both undergraduate and postgraduate, this book will also provide unique analysis and insights that will be invaluable for legal practitioners and any persons interested in company law generally.