Ireland
Company Formation in Ireland
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Company Formation in Ireland
Ireland is a large island situated to the west of Great Britain, separated from it by the Irish Sea and is often regarded as being on the very perimeter of Europe. With a land mass of 84,079 square kilometres Ireland it is the 20th largest island in the world. Ireland is in fact two independent countries. The larger area forms “The Republic of Ireland” and the smaller area, in the north eastern corner, is part of the United Kingdom.
So you've decided to start a business in Ireland and researched your market. Now it's time to decide how you will register and set up a business in Ireland. What is the best, most viable option for your company, your products, and yourself? Which is the path of least resistance?
Any company must be registered through the Companies Registration Office. The business must register a name, which costs 40 euro on paper or 20 euro electronically. The business must also provide a Memorandum of Association. The company owner must swear before a Commissioner for Oaths, which costs 10 euro and takes one day. The business must also register with the Revenue Commissioners for corporation tax, social security and VAT
Here are your typical options when starting a business in Ireland:
Limited Partnership
A limited partnership is where a minimum of two persons and a maximum of 20 set up a business (certain financial partnerships are permitted to have up to 50 members). The partnership must elect a General Partner, who is personally liable to any losses the business may make. The other partners liability is limited to the amount they invest in the business. Registration of a limited partnership costs 2.50 euro.
Sole Proprietorship
The registration is similar to a limited partnership, but a self-employed person is able to trade as an individual. The sole proprietor will be personally liable for any potential losses the business may make
Licensing
Licensing is the permission for someone else to use your intellectual property rights: either a patent, trademark, trade secret, or copyright. Different types of license include:
Non-Exclusive License - A non-exclusive license implies that your intellectual property rights can be awarded to more than one licensee.
Exclusive License - A little more complex because, although the license may not be exclusive to one licensee, it may be exclusive to a geographic location, a certain product, or limited area of use. For instance, you may grant a licensee exclusive use of the rights in France, yet grant another licensee its use in Germany.
Patent License - The allowance of another party to use your patented product, design or process.
Trademark License - Trademark licensing means permission is awarded to a licensee to sell a product or service. However, the licensor retains more control in order to ensure that quality is maintained. Quality control is in place to uphold the image of the brand / product / service / licensor, and therefore sustain customer confidence and satisfaction.
Franchising In Ireland
Franchising is the licensing out of a business name, product, technique, philosophy, trademark, etc, for a percentage of the income. Instead of setting up new outlets as part of your expansion, you license your existing business blueprint out to franchisees who then set up and manage it for you.
The benefits of franchising your business in Ireland include: more freedom, as the franchisee takes on major responsibilities; minimal expense; lower cost and higher profits; potential for fast growth; brand building.
Disadvantages of franchising a business in Ireland: although few, rely predominantly on your franchisees. They include: poor quality franchisees; franchisees not declaring all income; poor performance.
In Ireland there are 270 different franchises in operation employing in excess of 25,000 people in the sector. Brands such as O2, Subway and Dominoes are businesses that have used franchises as a route to the market. Although there is no specific law regarding franchising, laws on competition, brand name rights, employment and commercial leasing apply to franchises.
Click here to Ask an Expert about Company Formation in Ireland
Organisations that can assist with Company Formation
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> Nominus.com
When expanding your business to Ireland, don’t forget to protect your brand. We provide Trademark Registration Services in Ireland and in the entire European Union.
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> Profincom
Profincom LTD is a professional business consulting boutique firm, based in Dublin, Ireland, specialising in Irish companies set up and administration, secretarial, financial and accounting services for both institutional and individual clients.