« back Management Companies
 

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?

Press Release 17 August 2021

18 August 2021

DIRECTOR OF CORPORATE ENFORCEMENT WELCOMES GOVERNMENT APPROVAL OF LEGISLATION TO ESTABLISH THE CORPORATE ENFORCEMENT AUTHORITY


The Government has approved publication of the Companies (Corporate Enforcement Authority) Bill 2021. The Bill will transition the Office of the Director of Corporate Enforcement (“ODCE”) into an independent statutory agency with additional resources to investigate and prosecute white collar crime.

Welcoming the Government’s approval of the Companies (Corporate Enforcement Authority) Bill 2021, Director of Corporate Enforcement, Ian Drennan, said:

“The approval by Government of legislation paving the way for the establishment of the Corporate Enforcement Authority marks a watershed moment in Ireland’s strategic approach towards addressing economic and white collar crime.

With enhanced autonomy and significantly increased levels of investigative assets - including additional legal and digital forensics professionals and seconded members of An Garda Síochána - the CEA will assume the ODCE’s current caseload and will, I anticipate, continue to build on the ODCE’s forensic and robust approach towards tackling serious breaches of company law and associated wrongdoing in both civil and criminal realms.

Against the backdrop of a likely significant increase in corporate insolvencies resulting from the Covid pandemic, approval of the Bill at this juncture is a timely development.

The Government’s commitment to strengthening Ireland’s corporate and economic regulatory framework is bearing fruit. As a result of recommendations emanating from the Hamilton Review Group, the Advisory Council on Economic Crime & Corruption and the Economic Crime & Corruption Forum have recently been established – the latter of which will be chaired for the first year by a senior ODCE officer. These initiatives will, in addition to facilitating closer co-operation amongst specialist enforcement and regulatory bodies charged with tackling white collar crime, result in a national multi-annual strategy for combating economic crime and corruption being developed for consideration by Government.

In parallel, the Government’s Implementation Plan for giving effect to the recommendations of the Hamilton Review Group includes action points relating to the conferral of additional investigative powers on the CEA in the areas of surveillance, search warrants and the participation by civilian investigators in suspect interviews respectively”.


OFFICE OF THE DIRECTOR OF CORPORATE ENFORCEMENT
17 AUGUST 2021
ENDS/
Contact: Mr. Conor O’Mahony
087 239 7741
conor_omahony@odce.ie

Theme picker


Search

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