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Template:Charges in ireland: Difference between revisions
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===Registering [[charge]]s of [[securities]] and [[cash]] in {{t|Ireland}}=== | ===Registering [[charge]]s of [[securities]] and [[cash]] in {{t|Ireland}}=== | ||
You are having commercial relations with an Irish espievie. | You are having commercial relations with an Irish [[espievie]]. It grants you [[security]]. Do you need to [[Registration of charges|register]] your [[charge]]? | ||
Your starting point would be well, since {{t|Ireland}} is still a member of the [[EU]], | Your starting point would be well, since {{t|Ireland}} is still a member of the [[EU]] and, as far as north-Atlantic states go, an enthusiastic one at that, and as such is obliged to implement the [[Financial Collateral Directive]] into domestic law. Since that happy directive has done away with the [[Tedious|tiresome]] yet strangely exhilarating business of having to [[Registration of charges|register charges]] with the domestic agency responsible for monitoring those things things in your member state, the answer, on a commonsense application of principles of European Law, ought to be “no”. | ||
And, indeed the Irish ''Financial Collateral Arrangement Regulations'', as incorporated into the Irish [[Companies Act 2014 (Ireland)|Companies Act 2014]] provide that certain types of charges do not actually count as “[[charge]]s” for the purposes of Section [http://www.irishstatutebook.ie/eli/2014/act/38/section/408/enacted/en/html 408(1)] of the Irish [[Companies Act 2014 (Ireland)|Companies Act 2014]] and therefore do not need to be registered under Section [http://www.irishstatutebook.ie/eli/2014/act/38/section/409/enacted/en/html 409]. | And, indeed the Irish ''[[Financial Collateral Arrangement Regulations]]'', as incorporated into the Irish [[Companies Act 2014 (Ireland)|Companies Act 2014]] provide that certain types of charges do not actually count as “[[charge]]s” for the purposes of Section [http://www.irishstatutebook.ie/eli/2014/act/38/section/408/enacted/en/html 408(1)] of the Irish [[Companies Act 2014 (Ireland)|Companies Act 2014]] and therefore do not need to be registered under Section [http://www.irishstatutebook.ie/eli/2014/act/38/section/409/enacted/en/html 409]. | ||
These include [[mortgage]]s and [[charge]]s created over an | These include [[mortgage]]s and [[charge]]s created over an “interest” in: | ||
:(a) [[cash]];<ref>I know, I know. You can’t take [[security]] over [[cash]]. But if you try, then even if you could, you couldn’t, unless you registered your attempt. But since you can’t ... I’ll get my coat.</ref> | :(a) [[cash]];<ref>I know, I know. You can’t take [[security]] over [[cash]]. But if you try, then even if you could, you couldn’t, unless you registered your attempt. But since you can’t ... I’ll get my coat.</ref> | ||
:(b) [[deposit]]s and [[money]] credited to bank accounts; | :(b) [[deposit]]s and [[money]] credited to bank accounts; | ||