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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?

Inspectors’ Report into NIB/NIBFS

19 February 2013


Friday, 30th July 2004
The Report of the Inspectors into the affairs of National Irish Bank Ltd. and National Irish Bank Financial Services Ltd. was published by order of the High Court at 10 a.m. on Friday, 30 July 2004. A copy of Mr Justice Peter Kelly’s Judgement of 23 July 2004 and his related Order is available here.

For the convenience of readers, the Report is divided into its main constituent parts below. You may access those parts of the Report of relevance to you by choosing one of the following links:

Please note that delays may be experienced when viewing larger files.
The Summary and Contents (comprising some 16 pages).
Part 1 – Introduction (20 pages).
Part 2 – Evasion of Revenue Obligations: Incorrectly Classified Non-Resident Deposit Accounts (40 pages).
Part 3 - Evasion of Revenue Obligations: Fictitious and Incorrectly Named Accounts (10 pages).
Part 4 - Evasion of Revenue Obligations: Special Savings Accounts (10 pages).
Part 5 - Evasion of Revenue Obligations: The Sale of CMI, Scottish Provident International and Old Mutual International Policies (35 pages).
Part 6 – The Improper Charging of Interest (22 pages).
Part 7 – The Improper Charging of Fees (26 pages).
Part 8 – Improper Practices: Knowledge and Responsibility (28 pages).
The Report minus the Appendices (199 pages).
Appendix 19: Copy NIB “Reaction Paper” dated 24 March 2004 (comprising some 53 pages).
All of the Appendices (comprising some 209 pages).
The full Report (comprising some 409 pages).

A copy of the Press Statement and associated Editor's Note issued by Mr Paul Appleby, the Director of Corporate Enforcement, on the publication of the Report.



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