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01 What is a Management Company?

A so called "management company" is a company registered in the CRO usually as a Company limited by Guarantee (CLG) or a Designated Activity Company (DAC),  with an object clause to manage a multi-unit development. The "management company" owns the common areas of the development such as: car parks, green space, stairwells, lifts and communal hallways and maintains them for the benefit of all property owners and typically provides for insurance cover.

On acquiring a unit within the development, in addition to the apartment or house such person also shares ownership of the common areas. Stemming from this, it is usually a condition of the purchaser's contract that they sign a co-ownership agreement which obliged them to become a member of the management company.    These co-ownership agreements are essentially rooted in the laws of contract and private property,  rather than in any particular Act of the Oireachtas.  Following on from this, it should be clear that the requirement to become a member of a management company is not a requirement under company law. 

There is no special body of company law which applies only to so called "management companies" or is applied differently so far as management companies are concerned.  The "FAQ" (Frequently Asked Questions) section of this website answers most general company law type questions in relation to all companies.  Most of the issues arising in the so called "management companies" are not company law issues and the ODCE cannot assist.   The attached document lists the breaches of company law where ODCE can assist with.

02 Are management companies a product of company law?

No. It is important to stress that management companies have no special meaning and are in no way a requirement of company law. There is nothing in the Companies Act which states that a management company must be brought into existence in connection with any multi-unit development, and some multi-unit developments exist which do not have a management company associated with them. Furthermore, it is important to point out and emphasise that there is no special body of company law that applies solely to management companies.

03 Where can I find the legal source from which management companies operate?

Inspector’s Report into the affairs of DCC

20 February 2013


Tuesday, 19th January 2010
The report of the High Court Inspector into the affairs of DCC plc, S&L Investments Limited and Lotus Green Limited was published by order of the Court today, Tuesday, 19th January 2010.
The report is divided into its various chapters below. For the convenience of readers, it should be noted that a summary of the report is set out in Chapter 12.
The Director's related press statement can be accessed here.
Please note that delays may be experienced when viewing larger files.
Volume 1:
Contents (.pdf) 27 KB
Chapter 1 - Introduction (.pdf) 24 KB
Chapter 2 - Appointment of Inspector (.pdf) 56 KB
Chapter 3 - Conduct of the Investigation (.pdf) 41 KB
Chapter 4 - The Transactions Summarised (.pdf) 41 KB
Chapter 5 - The Companies, Directors, Officers, and Advisers (.pdf) 43KB
Chapter 6 - The ‘Fyffes - v - DCC and Others’ Proceedings (.pdf) 153 KB
Chapter 7 - The Relevant Statutory Provisions (.pdf) 63 KB
Chapter 8 - The Documentary Evidence (.pdf) 408 KB
Chapter 9 - The Interviews (.pdf) 744 KB
Volume 2:
Contents Volume 2 (.pdf) 18 KB
Chapter 9 - The Interviews continued (.pdf) 816 KB
Chapter 10 - The Additional Documentary Evidence (.pdf) 58 KB
Chapter 11 - Findings and Conclusions (.pdf) 270 KB
Chapter 12 - Summary and Acknowledgements (.pdf) 46 KB
Volume 3:
Appendix A - Core Documents 1995 (.pdf) 14.8 MB
Volume 4:
Appendix B - Core Documents 2000 (.pdf) 30 MB
Volume 5:
Appendix C - Selected Minutes (.pdf) 17.6 MB
Volume 6:
Appendix D - Companies Act, 1990. Part IV Chapter 2 Sections 67-69 (.pdf) 175 KB
Appendix E - Companies Act, 1990. Part V Sections 107 - 121 (.pdf) 88 KB
Appendix F - Judgement and Order of Mr. Justice Kelly 29th July 2008, High Court Motion (.pdf) 3.5 MB
Appendix G - DCC Section 67 and 91 Notices in respect of Fyffes 1991-92 (.pdf) 1.27 MB
Appendix H - Schedule of Interviews November 2008 - May 2009 (.pdf) 15 KB
Appendix I - Schedule of DCC personnel who gave evidence in High Court (.pdf) 76 KB
Appendix J - William Fry summary of advices on notification obligations (.pdf) 978 KB
Appendix K - 1st Interim Report of Inspector 28th January 2009 (.pdf) 306 KB
Appendix L - 2nd Interim Report of Inspector 28th July 2009 (.pdf) 180 KB
Volume 7:
Appendix M - Supplemental Documents (.pdf) 14.5 MB


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Office of the Director of Corporate Enforcement
16 Parnell Square, Dublin 1
Telephone: +353 1 858 5800
Email: info@odce.ie