Collins Brooks Summer 2015

SUMMER 2015 Economic Outlook Constantin Gurdgiev

Money-making Tips Garvan Grant

The Workplace Relations Act 2015 HR Suite

Entrepreneurship In Ireland Joe Downes

Meet The Team

Table of Contents Economic Outlook- Constantin Gurdgiev .......................................... P3 The Work Place Relations Act 2015 - HR Suite .................................. P6 Legal Briefs .................................................................................................... P7 Money-making Tips - Garvan Grant ..................................................... P8 Entrepreneurship in Ireland - Joe Downes ........................................ P11 In The Spotlight - Éamon Fitzmaurice ................................................. P14 Business Briefs .............................................................................................. P15 Travel Insurance ........................................................................................... P17 Meet The Team ............................................................................................. P19 Range of Services ........................................................................................ P20

WELCOME

We would like to thank all of you who commented on and provided us with feedback on our inaugural newsletter at Easter. We value any comments you may have so please feel free to contact us with suggestions or if you have an interest in reading more about a specific topic.

We are very proud of the highly experienced team we have here at Collins Brooks, so please get in touch at any time if there is a legal matter you wish to discuss.

We hope you all have a lovely Summer.

Jim, Roni and Lorna

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Wither Capital: Why Euro Area Lacks New Investment Opportunities Constantin Gurdgiev

Despite the positive signs of an improving economy, the Euro area is hardly out of the woods, yet, when it comes to the post-crisis adjustments. The key point is that the cure prescribed for the ailing common currency area economies by Dr. Mario Draghi might less than effective in curing the disease.

The key risk to the Euro area today does not stem from the lack of funding for investment that the ECB QE and other unorthodox policies target by attempting to flood the markets with cheap liquidity. Instead, they stem from the lack of sustainable demand for new investment.

from a net deficit of 0.8 percent of GDP prior to 2002, to a net surplus of 0.2 percent over 2002-2014 period and to a forecast surplus of 0.3 percent of GDP for 2015-2020 period. This suggests that returns on private investment are likely to stay low, globally, pushing down net inflows of capital into the Euro area. Chart 1 below illustrates.

Here are three facts.

One: between 1991 and 2001, Euro area member states were moderate net investors, with annual capital spending exceeding savings by 0.6 percent of GDP on average, close to the World average of 0.8 percent of global GDP. This meant that savings generated, within the Euro area, were finding opportunities for investment at home, and to attract some net investment from the rest of the world.

Two: over the period of 2002-2014, annual investment in Euro area was, on average, lower than savings by some 1 percentage point of GDP. And, based on the IMF forecasts, this gap is expected to increase to 3.5 percent over 2015-2020 horizon, even as economy officially recovers. This implies that the future Euro area recovery will be driven not by investment, but by something else. Per IMF forecasts, this new driver for growth will be external demand for goods and services from the Euro area, plus a bounce from the abysmal years of the crisis. In other words, new growth will not be anything to brag about at the G7 and G20 meetings.

Three: as investment demand dropped across the Euro area since 2002, global savings excess over investment actually rose, rising

Taken together, the above facts suggest that the Euro area does not lack funding for investment, but lacks opportunities for productive capital allocation. Consistent with this, QE-generated funding, is flowing not to higher risk entrepreneurial ventures and capital investment, but into negative returns-generating government bonds. And, in the recent past, liquidity was also rushing into secondary markets for corporate debt, to be used to finance shares buy-backs instead of new technology, R&D or product innovation, or old fashioned building up of productive capital.

As the result we are witnessing a paradoxical situation. Companies’ reported earnings are coming increasingly under scrutiny, with rising investor suspicions that sell-side analysts are employing 'smoke and mirrors' tactics to 'tilt' corporate results to the satisfaction of the boards. Corporate earnings per share metrics are being sustained on an upward trajectory by shares repurchases. All along, bonds markets are running short of liquidity even as ECB is pumping more than EUR60 billion per month into them.

Recent analysis of S&P500 stocks in the U.S. has revealed that the difference between adjusted earnings and unadjusted bottom-line earnings or net income has increased dramatically in recent years. Some 20 percent of all companies surveyed posted adjusted earnings more than 50 percent higher than net income.

According to the report complied by the Associated Press and S&P

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Capital IQ, some companies reporting profit on adjusted earnings basis are actually loss making. European markets data is yet to be analysed, but given the trends, it won't be surprising if Euro area leading corporates receive a similar 'tilt'.

All of this reflects cheap debt and leverage finance available courtesy of central banks activism.

Loose monetary policy, however, can provide only a temporary support to the financial assets. It cannot address the deeply structural failures across the real economies.

The key problem is not the short term malfunctioning of the monetary transmission mechanism between ECB record-low interest rates and real investment, but the exhaustion of the structural drivers for growth. Over the 1990s and early 2000s, European economies accumulated debt liabilities to fund growth in domestic demand (public and private investment and consumption). Now, even at extremely low interest rates, the system no longer is able to sustain continued growth in debt.

Germany, Italy, the Netherlands and Austria - the net saving economies - are getting grey at an accelerating speed, reducing investors' willingness to allocate their surplus savings to productive, but risky, investments. Their companies, faced with slow growth prospect at home, are investing in new capacity outside the Euro area - in Asia Pacific, Central and Eastern Europe, MENA and Africa.

The Euro area has been leveraged so much, there is no realistic prospect of demand expansion here over the next decade.

At the same time, Euro area's favourite metric – the unit labour costs-based index of harmonised competitiveness indicators – on average signaled lower competitiveness during the 2009-2014 period compared to the pre-euro era in eight out of the twelve core Euro area states. Another two member states showed statistically zero improvement in competitiveness compared to pre-euro period.

The key lesson from the Euro area's failed post-crisis adjustment is that debt overhang in the real economy compounds the problem of zero exchange rate flexibility within the common currency area.

Flexible exchange rates allow countries to compensate for losses in productivity, competitiveness and for long term external imbalances. Flexible exchange rates also help to deleverage private economies whenever household and corporate debt is issued in domestic currency. In the case of the Euro area states, this safety valve is not available.

Creation of the euro has amplified, not reduced, internal imbalances between its member states, while dumping surplus savings into global investment markets and contributing to the declines in the global return to capital and inflating numerous asset bubbles. Surplus supply euro economies, have in effect fuelled housing and financial assets bubbles in the ‘peripheral’ economies of the Euro area.

The problem has not gone away since the burst of the bubble.

Instead, it has been made bigger by the ECB policies that attempt to address the immediate symptoms of the disease at the expense of dealing with longer term imbalances.

As the result of this, surplus production generated in the saving countries has been flowing out to exports creating a contagion from domestic excess supply to external surpluses on trade accounts. Historically, reinvestment of surpluses converted them into investment abroad. The result was decline in interest rates worldwide. The Global Financial Crisis only partially corrected for this, erasing excess domestic demand and temporarily alleviating asset markets mis-pricing. But it did not correct for debt levels held in the real economy. In fact, current debt levels in the advanced economies are at the levels some 30 percent higher than they were during the pre-crisis period.

Neither did the surplus production and trade imbalances do much for a structural increases in productivity or competitiveness.

Since the start of the crisis, productivity growth declined in the Euro area more than in any other developed region or major advanced economy (see Chart 2 below).

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Continuing with the status quo policies for dealing with these imbalances implies sustaining long term internal devaluation of the Euro area. Table below shows the gap to 2002-2003 period in terms of overall labour competitiveness currently present in the economies, with negative values showing road yet to be travelled in terms of internal devaluations.

Euro area ‘Core’ Austria

Belgium

Finland

France

Germany

Luxembourg

Netherlands

-6.2

-10.6

-10.9

-7.9

-3.8

-20.4

-7.4

Greece

Ireland

Italy

Portugal

Spain

Cyprus

Slovenia

-3.6

-16.7

-13.2

-0.8

-3.2

0.0

-5.3

Estonia

Latvia

Lithuania

Malta

Slovakia

-40.5

-29.4

-19.7

-15.6

-37.6

Euro area crisis economies

Euro area new members

Large scale internal devaluations are still required in all new Euro area member states, ex-Cyprus, as well as in Ireland, Italy, Belgium, Finland and Luxembourg. Sizeable devaluations are needed in Austria, France, Netherlands and Slovenia. Of all Euro area member states, only Cyprus and Portugal are currently operating at levels of competitiveness relatively compatible with or better than 2002-2003 period average.

The problem with this path is that internal devaluations basically boil down to high unemployment and declines in real wages. In the likes of Ireland, for example, getting us back to 2002-2003 levels of competitiveness would require real wages declining by a further 16.7 percent, while in the case of Greece, maintaining current gains in competitiveness means keeping sky high unemployment unchecked. Political costs of this might be too high for the Euro area to stay the course. And ECB policies can’t help much on this front.

An alternative to the status quo of internal devaluations would be equally unpleasant and even less feasible. This would involve perpetual (or at the very least - extremely long term) transfers from Germany, Austria and the Netherlands to the Euro area weaker states. It is an unimaginable solution in part because of the scale of such transfers, and in part because the Euro area core itself is running out of steam. Germany is now operating in an environment of shrinking labour force and rising army of retirees. The

Netherlands and Austria are, potentially, at a risk of rapid growth reversals, as exhibited by Finland that effectively fell into a medium-term stagnation in recent years. Going by the structural indicators, even turning the entire Euro area into a bigger version of Germany won’t deliver salvation, as the currency area combines divergent demographics: Berlin’s model of economic development is simply not suitable for countries like Ireland, Spain and France, and unaffordable for Italy.

The third path, open to Europe is to unwind the Euro area and switch back to flexible currencies, at least in a number of weaker member states.

Speculations on the future aside, one thing is clear: Euro area is not repairing the imbalances that built up over the 1998-2007 period.

Even after the economic crisis that resulted in huge dislocations in employment, wages, investment and fiscal adjustments, productivity is not growing and demand is stuck on a flat trajectory.

Support from the ECB via historically unprecedented monetary measures and billions pumped into some economies via supranational lending institutions, such as EFSF, ESM and IMF are not enough to correct for this reality: Euro area is new Japan, and as such, it simply lacks real opportunities for a new large scale boom in investment.

Dr. Constantin Gurdgiev is the Adjunct Assistant Professor of Finance with Trinity College, Dublin, and serves as a co-Founder and a Director of the Irish Mortgage Holders Organization, Ltd and the Chairman of Ireland Russia Business Association. He holds non-executive appointment on the Investment Committee of Heinz Global Asset Management, LLC (US).

In the past, Dr. Gurdgiev served as the Head of Research with St Columbanus AG (Switzerland), the Head of Macroeconomics with the Institute for Business Value, IBM, Director of Research with NCB Stockbrokers, Ltd, and Group Editor and Director of Business & Finance Publications. He also held a non-executive appointment on the Investment Committee of GoldCore, Ltd (Ireland) and Sierra Nevada College (US).

Born in Moscow, Russia, Dr. Gurdgiev was educated in the University of California, Los Angeles, University of Chicago, Johns Hopkins University and Trinity College, Dublin.

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The Work Place Relations Act 2015 Caroline McEnery and Úna Glazier-Farmer BL

Introduction of significant changes to the annual leave entitlements for sick employees on long term sick leave On the 20th May the Work Place Relations Act 2015 (the “Act”) was enacted. This Act sees the overhaul of the employment law adjudication process in this jurisdiction in addition to significant changes to employment rights for employees and employers. One such change is the right to accrue annual leave for employees on long term sick leave. In practical sense, this means that employees who are on long term leave due to illness will now be entitled to accrue their annual leave entitlement. This will result in employers facing payment for not only public holiday but also annual leave entitlements despite the absence of the employee.

Employment Appeals Tribunal, the National Employment Authority and the Labour Court into a single body. From the 1st October 2015 where an employment law claim is initiated it will be heard, in the first instance, by an Adjudicator sitting alone. Until that time, the Labour Relations Commission and the EAT will continue to hear the backlog of cases in addition to any new claims.

The Act allows for such employees who are unable to take all or any part of their annual leave during that leave year or for the subsequent six months, than the leave year may be extended for a period of 15 months after the end of that leave year.

Unlike the EAT and more similar to the current Rights Commissioner way of hearing cases, cases will be heard in private but will be reported on the Workplace Relations Commission website. Parties will not be required to give sworn evidence instead of relying on oral and written submissions.

Appeals will be heard by the Labour Court with a further appeal only on a point of law to the High Court.

The Act is due to commence on the 1st July 2015 so should you have employees on long term sick leave please contact The HR Suite immediately to discuss the matter further.

The Sections relating to the new adjudication process set out in the Workplace Relations Act 2015 A new era for employment law claims (hereinafter the “Act”) are due to come into law on 1st October 2015. The Act consolidates the various functions of the Labour Relations Commission,

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These changes are aimed at speeding up the process of workplace complaints and avoiding the need for employers to defend claims relating to the same circumstances before a number of different bodies. This is also aimed at reducing costs for parties who are responsible for paying their own costs.

The HR Suite, Pier 17, Dingle Road, Tralee, Co. Kerry, Ireland Tel: +353 (0)66 7102887 / +353 (0)86 7752064 Email: info@thehrsuiteonline.com Please visit www.thehrsuiteonline.com for more information

LEGAL BRIEFS

Mediation option for legal disputes Lawyers will be obliged to advise their clients to consider mediation to resolve legal disputes, under new legislation outlined last week by Justice Minister Frances Fitzgerald.

The Mediation Bill, being drafted by the Office of the Parliamentary Counsel, requires solicitors and barristers to advise parties to disputes to consider utilising mediation as a means of resolving them.

Where court proceedings are launched, it will also oblige parties to proceedings to confirm to the court that they have been advised of this process and have considered using mediation as a means of resolving the dispute.

“The purpose of the bill is to promote mediation as a viable, effective and efficient alternative to court proceedings thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings,” said Ms Fitzgerald.

One of the country’s leading mediators, Patricia Mallon, gave a broad welcome to the Bill but said she feels it could have gone further by involving more comprehensively other professionals like accountants, psychologists and medical practitioners. She believes that failure to include them in the process can lead to a lengthier process than necessary.

The Bill is expected to become law before next year’s general election. Under the new law, parties in family law cases will be required to attend an information session on mediation.

Where court proceedings have commenced, a judge will also be allowed to invite the parties to consider mediation and suspend the case to facilitate the mediation process.

New laws could see people prosecuted over hate crimes Proposed legislation to combat hate crime was published on July 13th by the Irish Council for Civil Liberties (ICCL).

Crimes, including theft, rape and assault, motivated by “hate” such as racism or homophobia are neither recorded nor prosecuted as such in Ireland.

The council says this means these types of crime are not being acknowledged, effectively disappearing from the criminal justice process and victims’ experiences are not acknowledged.

The proposed legislation, the Criminal Law (Hate Crime) Amendment Bill 2015, would name crimes against the person, property, sexual offences and public order offences as “hate” crimes when motivated by a bias on a range of grounds, including race, colour, ethnic origin, membership of a minority, gender, sexual orientation, age and disability.

It would not be necessary for the victim to identify with the ground on which they were attacked, only that the attacker perceived them to be a member of a group and targeted them because of it.

The council is publishing an accompanying report, ‘Out of the Shadows: Legislating for Hate Crime in Ireland’, by researchers at the University of Limerick (UL).

The authors interviewed victims, members of An Garda Síochána, members of civil society organisations and legal experts, and also surveyed 36 barristers. They found a consensus that hate crime was under-reported and under-recorded.According to the CSO, in 2013 there were 113 hate crimes recorded – 94 racist, two anti-Semitic and 17 homophobic. The European Network Against Racism Ireland recorded 137 religiously or racist aggravated crimes in 2014, while between December 2014 and June 2015 the Gay Lesbian Equality Network recorded 19 homo- phobic/transphobic crimes.

The report and proposed legislation are written by Amanda Haynes and Jennifer Schweppe of the University of Limerick, and researcher James Carr.

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Money-making tips Summertime and the money could be easy

Tiger Two is apparently coming and you do not want to get left behind as the rest of the country starts bringing in the cash. To help out, Garvan Grant has some handy tips for you to increase your revenue.

1. Festival fever As you may have noticed, every single city, town and village in Ireland holds at least one major festival each summer. You need to get some of that action, as not only does it make you seem important, it can also bring in lots of revenue.

Now here’s the crucial part: do not stop borrowing from other banks. Ever. The trick is to get so big and so much in debt that someone else will bail you out in the highly unlikely event that Tiger Two ever ends.

3. Water, water everywhere Believe it or not, in this island nation with lots of rivers and lakes and where it rarely stops raining, water has become a precious commodity. You need to get in on some of this valuable action and start competing with Irish Water, Ballygowan and anyone else selling this stuff.

First thing to do is to get lots of containers, such as cups, buckets and old baths. Second thing to do is put them outside.

Next, go inside and watch television and drink beer for a few days.

When you emerge, you will notice that all your containers are filled with this precious clear liquid called rain. Or as you will be calling it: “Pure Organic Homemade Unfiltered Irish Water”.

Now, just start flogging it to your friends and neighbours at exorbitant prices, though try to keep it below what Irish Water are selling their inferior product for.

First, you need a venue, which is easy if you have a house or live near a park. Second, you need to decide if you want to make it a music, literary or food festival.

Then invite someone you know who can sing, play music, has written at least one poem or has ever cooked anything. They will be your special guest and they don’t even need to be well-known.

If they’re headlining a festival, people will assume they’re famous.

Then ‘hire’ a bunch of volunteers and start advertising it locally and globally. Very soon, you will be a celebrity festival organiser yourself – and more importantly loaded.

2. Banking on it Now that people will be making money again, they will obviously need somewhere to store it. With trust gone in the big banks, a local bank will be an attractive proposition.

So set up your own bank and get people to start depositing cash with you. Promise them an interest rate of 10 per cent or something. Don’t worry: it ultimately won’t matter.

Then when you have a bit of cash on deposit, start lending it out.

And if you haven’t got enough to meet demand, borrow loads of money from one of the regular banks.

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4. Gathering anew Do you remember that money-spinning idea the government had in 2013 called The Gathering? They basically invited every person on the planet to come to Ireland, see if they had any Irish roots and spend loads of cash.

Well, it’s time for you to hold The Gathering 2015, where you basically invite every person on the planet to come to Ireland, see

if they have any Irish roots and spend loads of cash.

7. Become Greece

Just set up a company called Gathering 2015, send out a few auld emails and then charge every single visitor to Ireland a €10 finder’s fee. So if they come to Ireland and their name is Murphy, you tell them they probably are Irish. If their surname is Lefevre, tell them that they might be Irish. If their surname is Chang, tell them they probably haven’t been Irish for at least four generations.

5. Get the point In the last few years, we have seen a huge fall in the number of gardai in the country, as local stations were closed and the government cut back funding. There have also been a few scandals connected with penalty points not being rescinded and potential fines wiped from the record.

This must be seen as an opportunity for a civic-minded entrepreneur (like you and me). Just set up your own private Garda force with you as the sole member. You can get a uniform at a costume shop or just borrow one from a park-keeper, busdriver or person working in Tesco.

We all have debts. It’s just a fact of life. But have you ever thought how much money you could save by just not paying them? Look at Greece. It’s worked for it, more or less. So just stop paying everybody back. And also start buying more stuff on credit.

Then set up a roadblock at a busy junction and stop everybody driving by. Tell them they were speeding and will have to go to court and then prison – unless they pay the small €20 on-the-spot fine.

Eventually, people will come looking for their money, but just say you haven’t got it all today, but you may be able to give them a tenner next month. Then borrow a tenner off someone, pay the other person back a fiver and go for a pint.

The great thing about this idea is that it makes you money but also keeps the roads safe.

The more debts you build up, the less chance anyone will foreclose on you. After all, look at Greece. It’s still there.

6. Summer specials

8. Economical with the truth

There are so many ways to make money in the summer, it’s almost funny that we’re not doing more of it. Look at Greece. It made all its money by giving tourists what they want: food, wine and beaches.

Well, you need to get out there and do the same. For example, have you noticed any donkeys in nearby fields who are just standing around doing nothing? Well, go get them, bring them to the beach and start offering donkey rides to kids. (Note: If you can’t get a donkey, cows, pigs and large swans will work too.)

Another idea is to become a professional photographer. Bring your phone to wherever holidaymakers are, take their photo on your camera phone, send it to them and then ask for some money.

Also, as most tourists don’t mind paying a bit over the odds for stuff, just go to your local shop, buy a few ice-creams and then sell them for double at the beach.

If we have discovered one thing in the last 15 years, it’s that you can never have enough economists. They have become an essential part of our society and nearly every economist in the country is also a ‘celebrity economist’, which is really nice for them.

But what qualifications do they have? The answer: who knows?

Which is why you too can be a celebrity economist. If you have read the papers or watched the news over the last decade, you probably know as much as any of them. So just start offering your services to local papers and radio stations. Make sure you pepper your articles and commentary with words like ‘fiscal’, ‘deflation’, ‘GDP’ and ‘non-price determinants of supply’ and you’ll be fine. And with a bit of imagination, you can probably have a lot of fun too.

9. Floating on air Have you ever set up your own technology firm? No? Well, most other people have so you need to get on to it. First thing is to come

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up with a catchy name. This is fairly easy: just take two random words, abbreviate them and jam them together. Here are a few examples which haven’t been taken yet: MobStats, NetRex and CyberMonix.

Now, start talking about your company in the pub, saying you can’t believe no one had thought of your idea before. When people ask what it is, just say it’s very technical but is something to do with apps, payments and mobile technology. They’ll fall for that. Then sell them some shares.

When you’ve sold enough shares to friends and family, just float your company on the stock exchange and make yourself a cool €30 million in about half an hour.

10. Sell, sell, sell If all the above don’t work out for you, here’s one last foolproof method of making some money: just sell this article to people for €100 by convincing them that they will be able to make a fortune

from following any one of the handy tips in it.

Unfortunately, you will, of course, need to give the author €90 upfront before you sell it ...

Garvan Grant Garvan Grant is the author of The Trueish History of Ireland (Twitter: @TrueishHistory), a warm, witty and funny celebration of Irish history.

Garvan also runs social media accounts and writes online content for a select group of small companies. He has written satirical columns for In Dublin magazine and did the hugely popular PostMortem column in The Sunday Business Post from 2004 to 2014. You can contact him on garvangrant@hotmail.com or follow his satirical ‘news’ account on Twitter at @garvangrant The Trueish History of Ireland by Garvan Grant with illustrations by Gerard Crowley is published by Mercier Press, price €7.99. Buy it directly from Mercier Press here: http://www.mercierpress.ie/irish-books/the-true-ish-history-of-ireland/

Tourism chiefs call for more State spending in sector Tourism chiefs are calling on the Government to boost investment in the sector to underpin its strong recovery. The Irish Tourist Industry Confederation believes that the Republic will attract a recordbreaking number of holiday makers this year, beating the 7.7 million total reached in 2007.

However, the body fears that rising prices and falling spending on both overseas marketing and attractions all threaten the industry’s renewed growth. The confederation’s prebudget submission calls on Minister for Finance Michael Noonan, to tackle these problems by increasing State spending on attractions and selling the Republic as a holiday destination. The confederation wants the Minister to establish a capital spending programme equal to at least 1 per cent of export earnings from tourism over the next five years.

It is also asking him to keep the special 9 per cent VAT rate, introduced to aid the sector in keeping its prices down, and for reforms to income tax and the universal social charge.

Confederation chairman Paul Gallagher said there had been a 40 per cent drop in marketing over the last seven years, despite increased competition in global tourism. His organisation is urging the Government to reverse this trend.

The group claims that spontaneous recall of advertising for Irish tourism has fallen in the State’s key markets over the past four years. It is now the seventh most recalled holiday destination by British, eighth in the US and ninth in Germany.

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Are we really the nation of entrepreneurs we think we are?

Joe Downes Back in 2013, Forbes ranked Ireland as the best countries in the world in which to start a business.

Not any more… Last year it snatched away Ireland’s crown as the best country for business – knocking the nation down to fourth spot in its annual rankings.

The IT sector recorded its second highest total of new players since the millennium. More than 1,400 new IT companies set up in 2014, the best figure since 2000 when the dot-com boom was in effect and 2,040 new IT firms were formed.

So, are we really the nation of entrepreneurs we think we are? How do we compare to other countries? What’s good and what’s bad about our start-up culture and environment? And, how does Ireland’s new business start-up figures compare to others?

We pride ourselves on being a nation of go-getters; brimming with great ideas and just itching to abandon the “wage-slave” world and go it alone. To boldly strike out and turn an idea and a skill in to a thriving business.

Global surveys tell us that there’s few, if any, better places in the world in which to do this. That Ireland is among the most business-friendly environments on earth.

Vision-net.ie managing director Christine Cullen said the seven-year high in company formations, and the best performing December since 2000, signals a positive outlook for companies in 2015.

“It is encouraging that counties Cork, Limerick, Clare, Tipperary, Louth and Wicklow all saw increases in start-up numbers in 2014.

This could be a sign that start-up levels in some rural areas are beginning to climb back to pre-recession levels,” she said.

This year’s new start-up figures look set to break more records. In May, for instance, new business starts were up a whopping 24% compared to the same month last year. Christine Cullen said things are looking especially bright in Munster with Cork and Waterford experiencing a surge in new business activity.

While the 2008/09 economic melt-down severely dented the rate of new business start-ups in Ireland, they bounced back to reach a seven-year high last year. Almost 18,000 new companies were formed, the first time this has happened since 2007 - a rise of 14% compared to 2013, according to credit and business risk analyst, Vision-net.ie.

However, how does this compare to other countries? Are we really the world’s foremost entrepreneurial nation?

Data from Vision-net.ie shows further recovery in the property sector: 1,067 new companies were set up in 2014 compared to 693 in 2013, an increase of 54%.

The construction sector saw a 33% increase in new entrants in 2014 compared to 2013, with 1,322 company formations. It was the fifth most popular industry for start-ups in 2014. Meanwhile, finance saw an almost 30% increase in start-ups last year, with 992 company formations compared to 766 in 2013.

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The World Bank has published its latest Global New Business Density Survey covering 2010 up to the end of last year. It measures the number of new business start-ups per 1,000 people in the 15 to 64 age group.

But this is largely being driven by external factors beyond the control of domestic policymakers: a weak euro foreign exchange rate, low interest rates, and low international fuel prices have all combined to improve Irish cost competiveness.

Ireland, it says, has 4.5 entrepreneurs per thousand adults. This is less than half the UK’s figure of 11 and less than a third that of New Zealand, which has an impressive 15.1 entrepreneurs per 1,000 population. New Zealand also has a similar sized economy to Ireland and a similar population.

However, it also shows that domestic cost pressures are now emerging, particularly in relation to labour, property and business services. The report concludes, therefore, that there is a need to re-focus efforts on minimising domestically controllable costs to the extent possible.

We’re about the same as The Netherlands and Denmark but quite a bit better than France, which has just 2.9 start-ups and Germany, which has a meagre 1.3 entrepreneurs per 1,000 adults.

Chair of the Council, Professor Peter Clinch said that recent price falls in Ireland are at risk of being reversed as the economy returns to growth and demand increases.

So, perhaps were not as hot in the entrepreneurial stakes as we thought. Especially given the (unknown) numbers of so-called “brass plate” international businesses set up here for tax purposes but which do little actual “real” business, employ very few people and spend very little in the real economy.

And we don’t do all that well when it comes to the actual cost of running a business either.

Ireland remains an expensive location in which to do business, relative to some of our key competitors. We’re also the third most expensive location in the euro area for consumer goods and services, according to a new report from the National Competitiveness Council entitled “Costs of Doing Business in Ireland 2015”.

It finds that, in relative terms, Irish cost competitiveness is improving. While business costs are increasing, they are increasing at a slower rate than in many of our competitors.

“Already there are warning signs and domestically determined cost competitiveness is no longer improving. The Irish economy should not rely on benign currency movements to protect our international competitiveness. To allow our companies to compete, and to support growth and jobs, we must minimise those costs over which we have some degree of control. Ultimately, productivity growth must be the basis for economic prosperity – only productivity growth can facilitate improvements in living standards and deliver sustainable employment, whilst simultaneously protecting our competitiveness relative to key competitors,” he said.

“We’ve seen no structural changes that will fundamentally change the cost of living and the cost of doing business,” she said.

According to Forbes, Ireland was the equal top-ranked country for personal freedom, but got lower scores on its market performance (based on annual share returns), innovation, red tape, property rights and corruption.

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Forbes, which is renowned for its lists of richest people and top companies, praised Denmark for its “flexible labour market” and productive workforce in a list dominated by Scandinavian nations in the top 10.

It said Denmark was also one of the most entrepreneurial countries in the world and its government had streamlined the startup process to include only 4 procedures for getting a business going – and at little cost.

The World Bank’s Doing Business 2015 survey ranks Ireland in 13th place – up from 17th position the year before.

We were marked down for (no surprise here) access to credit for businesses, which it said is still a stumbling block. We also scored badly on ease of getting construction permits for businesses and on the cost of doing business, the report showed.

While Ireland undoubtedly is a great place to start and to run a business, that doesn’t mean it will remain so.

Irish Small and Medium Sized Enterprises (ISME) Chief Executive, Mark Fielding said that the threat of deflation is understandably receiving widespread attention but the problem of rising business costs, concealed by the low overall figures, requires urgent attention from Government.

“Business rents, insurance and bank charges are experiencing colossal increases. The expected reduction in energy prices is not happening and Eircom’s recent price increase demonstrates that Government has lost touch with business and the drive for competitiveness. Consumer demand is improving slowly but the cost pressure on SMEs is unsustainable”.

“The cabinet is reportedly focusing on job creation and assisting small businesses. It is our contention that these two goals could greatly benefit from a robust Government review of state-influenced business costs and subsequent reductions where necessary,” Mr Fielding said.

Joe Downes business writer, editor, Journalist Joe Downes is a business writer, editor and journalist. He was editor of BusinessWorld.ie for 12 years and has written extensively on business and economics matters for local and national newspapers. He was the business editor at the Irish Daily Mail between 2006 and 2010. He is currently a freelance journalist and editor.

Third of families borrow for 'back to school' costs The vast majority of families believe that the expense of getting children ready for the new school year is a financial burden, a new survey commissioned by the Irish League of Credit Unions shows.

The average family is spending €166 per child on uniforms.

Parents of children in secondary school are spending an average of €258 on uniforms alone, the survey shows.

There has been a big shift to buying online rather than using traditional shops, with 47pc shopping using the internet as the majority feel this ensures they get a better deal.

For those parents using shops, Dunnes Stores is considered the best value for school clothing, followed by Marks and Spencer, and then Tesco and Penneys, the survey, which was carried out by iReach on 1,000 respondents, found.

Four out of 10 parents feel under pressure to buy certain brands of school supplies, with this more acute for parents of secondary school pupils.

Eight out 10 parents of school-going children feel the cost of sending their kids back to school is a significant financial burden. The survey found that 32pc of parents say they are likely to get themselves into debt to cover this cost. The average amount borrowed is €360.

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In The Spotlight Éamonn Fitzmaurice currently manages the Kerry senior team and on 21 September 2014 managed Kerry to win their 37th All-Ireland title after a 2-9 to 0-12 win against Donegal. Éamonn played 50 championship games for Kerry and won the 2000, 2004 and 2006 All-Ireland Senior Football Championship, having made his championship debut against Cork in 1998. The majority of his Kerry games were at centre half back where he played every game from 2000 to 2005 at number 6. He won a minor and 2 Under 21 All-Ireland medals and 6 Munster Championship medals.

A secondary school teacher in Dingle, he is married to Tina.

Q. As All Ireland champions, how do you plan on motivating players and getting them to buy in to their role on the team each year?

A. I’m lucky that I am dealing with a very motivated bunch of players that wanted to achieve more success. Also I feel that having major competition within the squad ensures that players are hungry for more because if they aren’t someone else will take their spot.

Q. How would you describe your coaching style?

A. It’s hard to describe your own style. I like to look after the finer details when it comes to preparing the team but I think the most important thing for a coach to have is a good relationship with his players and complete trust.

Q. Do you consider yourself a micro or macro manager?

A. Definitely macro with regard to the management and backroom team around me. Everyone knows their role, is excellent at their jobs and I leave them to do their jobs. Naturally if I feel someone isn’t doing what they need to be, I will let them know. That rarely if ever happens though.

Q. What coaches, teacher or other people have been great influences in your life and why or how?

A. I have learned a lot from different people a long the way. I think it is natural that we pick up things from different people. However I do feel it is important, whilst always learning to still trust yourself and your methods.

Q. Who is your greatest role model either personally or as a coach?

A. My parents had a major and very positive influence on me. They still do.

Q. Have you read any management or autobiographies that you have gained insights from?

A. I don’t think there is one book or autobiography that has all the answers. Again you would pick up bits and pieces from different books.

I have read plenty of those types of books and have learned from most.

Q. What is your philosophy on discipline?

A. I think it is an important element of an elite team sport. Discipline with yourself, with your team mates, with the referee and with the game plan.

Q. What is the most valuable lesson as a coach you have learned so far?

A. I think it’s important to be yourself and to trust your own instincts. If you start trying to imitate what works for other people too much you will lose your own identity and what makes you you.

Q. Based on your experience, what is the most valuable coaching advice you can give others?

A. Again be yourself. Work hard and trust your instincts. And most importantly enjoy it!

Q. How do you know when you have delivered a good-quality coaching session?

A. When you have achieved what you set out to achieve at the start of the session. Generally you will know from the way the players have responded to the session and applied themselves.

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BIZ BRIEFS

PRIME OFFICE YIELDS IN DUBLIN AMONG HIGHEST IN CORE EU LOCATIONS

EU agrees deal to scrap mobile roaming fees by 2017

O.Windfarm & Gaelectric to invest €80m in offshore wind farm

According to a new report by property consultants Savills, Dublin is an outlier among European office investment locations.

The European Union reached a preliminary deal today to scrap mobile roaming charges across the 28 country bloc by June 2017 as part of an overhaul of the continent's telecoms market to boost growth and innovation. Under the agreement, roaming surcharges in the European Union will be abolished as of 15 June 2017. Roaming fees the extra charges for using a mobile phone abroad will still be subject to a fair use policy. As a stopgap from 2016, roaming fees will be capped at five cents per mega- byte for mobile data, five cents per minute for calls and two cents per SMS message. Companies such as Deutsche Telekom, Orange and Telecom Italia had lobbied to have more leeway to tap into a potentially lucrative source of revenue but Internet activists say this could create a two speed Internet benefiting companies with deep pockets.

Oriel Windfarm and Gaelectric are to invest €80 million developing an offshore wind farm in the north Irish Sea.

While higher yields are available in Athens and some of the Eastern European cities, capitalisation rates in Dublin exceed those that are available in most large cities across Western Europe, and are 43% higher than those in London.

The Director of Research at Savills, Dr. John McCartney believes that a strong demand has pushed up the price of prime Dublin office investments over the last three years, causing yields to halve from 8.5% to 4.3%.

However, while prime office yields in most other European locations have now been driven below their previous historic lows, Dublin yields remain 55 basis points higher than they were back in the boom of 2007.

The North Irish Sea Array (NISA) will be the first major offshore renewable energy project to be developed in the Irish Sea since the construction of the Arklow Bank Wind Farm by GE Electricity in 2001.

The renewable energy companies said up to 150 jobs could be created during the construction of the project, with 30 new long term jobs for the North East Region.

Gaelectric chief executive Brendan McGrath said offshore wind speeds, relatively shallow water depth and favourable sea bed conditions, make the Irish Sea an ideal location for offshore wind projects.

The companies said NISA has the potential to produce up to 870 MW of wind energy from the Irish Sea and will commence with the development of a 15 MW demonstration project entailing an investment of €80 million.

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Minister Coveney Launches 10 Year AgriFood Strategy The Minister for Agriculture, Food and the Marine, Simon Coveney, T.D., Ministers of State Tom Hayes T.D. and Ann Phelan T.D. have announced plans for a new ten year strategy for the agri food sector, aptly named Food Wise 2025. Food Wise 2025 predicts that over the next decade Ireland can increase the value of agri food exports by 85% to €19bn, increase value added to the sector by 70% to €13bn, and increase the value of primary production by 65% to €10bn. In total, this should deliver a further 23,000 jobs in the agri food sector by 2025.

Food Wise 2025 was officially launched

by An Taoiseach, Mr Enda Kenny T.D. who stated: “The Government is rebuilding an economy that is enterprise focused and can support sustainable full employment by 2018.

This means growing each enterprise sector across the economy and creating jobs in all four corners of Ireland.

Ireland’s agrifood industry has led the way in Ireland’s recovery. Food Wise 2025 builds on this success by identifying smarter and greener ways to deliver sustainable growth so that it can contribute to our ongoing recovery.”

Property prices rising outside Dublin in latest report A new property report shows that house prices are growing significantly outside of Dublin.

The Daft.ie report for the second quarter shows the commuter counties around the capital are seeing some of the strongest growth.

Prices are up 23% in Meath and 18% in Kildare compared to one year ago.

Counties Clare and Roscommon are both up 12%, while Cork City prices are up 12%.

In Dublin, the figures show prices rose by less than one per cent between March and June.

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The national average house price is now €202,000, according to the survey compared to the 2007 peak of €370,000.

The most expensive areas to buy in Ireland are now South County Dublin (with an average price of €526k), South Dublin City (€343k), North Dublin City (€280k), and Wicklow (€272k).

On the other hand, the cheapest areas include Roscommon (€107k), Leitrim (€98.5k), and Laois (€97k).

Top 20 building firms see their exports top €1bn Exports by the country’s top 20 construction firms have eclipsed the €1bn mark, with demand for industrial construction services showing particularly strong growth.

The companies have a combined turnover of €3.8bn, according to a recent report from the Construction Industry Federation, with estimates suggesting growth of 20% on last year.

The recovering strength of construction firms is helping them take advantage of opportunities in key export markets, PM Group chief executive Dave Murphy said.

“Irish companies have performed very well in exporting industrial construction services overseas,” said Mr Murphy

LINKED FINANCE REACHES MILESTONE WITH €10M IN SME LENDING AVAILABLE It has been announced that Linked Finance, an Irish peer-to-peer lending company has reached a key milestone with over €10m in new funds now available for SME loans through its online platform. Since March 2013, the company has facilitated in excess of €5.4m in peer-to-peer loans for over 300 Irish SMEs, helping to support an estimated 2,000 jobs throughout the country. Sectors include retail, food, agriculture, manufacturing, professional services, education, construction,

distribution and engineering. Businesses that that have secured finance through the platform recently include Viking Splash Tours (€100k), Leo Burdocks (€83k), Pulse College (€60k) and Manor Brands (25k). Linked Finance’s peer-to-peer lending platform brings together SMEs and members of the public who are looking to lend to businesses at a competitive interest rate return. The company is projected to reach €250m in lending by the end of 2017, having secured a €2.5m investment earlier this year to expand its IT platform and double its number of employees.

VODAFONE ANNOUNCE 200 NEW JOBS Vodafone have announced that they will invest €60 million in a new European sales centre located in Carrickmines, Dublin which will result in the creation of 200 permanent jobs. The European sales centre, “Vodafone Red Edge”, will provide specialist sales capability powered by leadingedge technology to support business customers in Ireland, the Netherlands and the United Kingdom. The announcement was made this morning by the Taoiseach Enda Kenny TD, Richard Bruton TD, Minister for Jobs, Enterprise and Innovation and Alex White TD, Minister for Communications, Marine and Natural Resources. Recruitment for the new jobs is already underway and employees will gain access to internationally recognised business analytics and sales training which will provide career development opportunities across Vodafone operating companies.

Vodafone Ireland’s announcement will bring its number of direct and indirect employees to approximate- ly 2,000, with a customer base of 2.3 million.

Travel Insurance: Getting the Best Deal Travel insurance is a top priority if you are a jet-setter, or an occasional traveller. Buying a travel insurance policy may seem like a grudge buy, as most of us prefer not to anticipate that our plans may change due to an unfortunate illness or incident. However, the media is awash with reports of unexpected events that occur when we're relaxed and unprepared. Knowing that you are covered in the event of an unfortunate event can bring a sense of peace of mind. However, many travel insurance policy buyers hand over cash without being aware of what exactly they need, and why. Below you will find top tips for buying the travel insurance you need to ensure that you are protected where it matters most.

Read the Fine Print Of those people who buy travel insurance, few actually read the document to find out what is covered. Finding out that they can claim much less than what they actually need can be a huge disappointment. Many policies cover cameras and iPads, but most don't cover mobile phones, which means that you will have to replace your phone if it is damaged, lost or stolen out of pocket, with no compensation from your insurance.

often decline claims where clients have left passports in their hotel rooms. Ciaran Mulligan, joint managing director of Multitrip.com suggests that you take a photo of your passport on your phone, in the event that it is lost or stolen. Having photographic proof should help make it easier to apply for a new one.

Mobile Cover - If you'd like to cover your mobile, you can purchase an add-on to your travel insurance policy, but it may be more cost-effective to opt for an annual gadget policy, which usually covers anywhere from 90-180 days of travelling abroad. Having insured your phone does not mean that you can leave your phone unattended on the beach or in a restaurant or pub. Policies often have quirks, which means that your claim won't be met if you were negligent.

Further Travel - Another issue to be aware of, is that the typical travel policy only covers you until you reach your international point of departure. Therefore, if you are catching a connecting flight from Heathrow to New York, you will be covered from Dublin to Heathrow and on to New York. But if you fly from New York to Los Angeles, for example, and miss a connecting flight, you will not be covered.

Complicated Cancellation Claims

Sunglasses - Likewise, while sunglasses are usually covered, spectacles and contact lenses are usually not covered. Be sure to report any loss or theft to a police station within 24 hours to avoid your claim being considered fraudulent.

Buying travel insurance to deal with unexpected events during a holiday, and then having to cancel the insurance due to unforeseen circumstances, can be tricky. Many policies have restrictive cancellation benefits, and some won't meet claims for cancellations that result from injuries or illnesses that you were aware of, or by the "reasonably expected" death of a relative, or if you change your travel plans.

Stolen Passport - Use the safety deposit box at the hotel, as you may not be able to claim for the cost of a stolen passport. Insurers

Airport taxes are also usually excluded from cancellation claims, and even if you have a valid reason to cancel your multi trip policy

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with a start date on the first day of travel, you will not be able to claim.

Handling Pre-Existing Medical Conditions If you have private health insurance for an existing medical condition, it is much easier to get travel insurance. Your health insurance policy will cover the first portion of the claim, which means that a screening process should not be necessary. However, if you don't have health insurance, you will have to explain your issues. The European Health Insurance Card does cover all European travel, but it won't cover the costs of returning you home. Therefore, you should still obtain travel insurance.

While there are some insurers that won't insure people over the age of 65, many still do. Age Action Ireland offers a list of insurers who do offer travel insurance to the older population. Do take into account the fact that costs do increase with age, however.

Likewise, some insurers may request that you complete an online screening, and there may be a maximum eligible trip length.

Some insurers have strict exclusions applicable to certain medical conditions, including coronary artery bypasses, major surgery in the last 3 months, radiotherapy and chemotherapy.

Does Your Credit Card Cover You? Some banks, such as Bank of Ireland's Platinum Advantage Mastercard cover the costs of insurance. For example, if you pay for 50% or more of your total fare with your Bank of Ireland Platinum Advantage Mastercard, you will automatically receive comprehensive multi trip travel insurance.

European Health Insurance Card (EHIC) Travelling abroad with a pre-existing condition may be costly, depending on the costs of healthcare in the country you're visiting.

If you're having difficulty obtaining cover, it would be a good idea to get in touch with a relevant charity, such as the Irish Cancer Society or the Irish Heart Foundation, who may be able to steer you in the right direction.

No one should travel anywhere without a free European Health Insurance Card (EHIC), which provides access to all public health services in the European Economic Area (Norway, Iceland and Liechtenstein) and European Union. You will be entitled to any of the treatments that are provided for free by the public health system in the country you're travelling to.

Experts advise that you obtain travel insurance as soon as you book your holiday. It will increase the cost by a fraction, but it will also offer greater protection. What protection will you need between booking and departing? Well, consider that you're booking a summer holiday in the middle of January, but your travel insurance policy only commences on the date of departure.

Should you be diagnosed with an illness in the months preceding your holiday, you will not be covered for that.

Age is Just a Number The card is free, and usually available within 10 days of application.

It lasts for two years. If you don't have time to apply, you may be able to obtain a temporary replacement certificate from your local health office. The card can be renewed online, at www.hse.ie/eng/services/list/1/ schemes/EHIC/, a website that also offers extensive information on various European health schemes.

If you need to see a doctor while in France, you should find one who is conventionnĂŠ. You will have to pay an upfront fee, but you will be entitled to claim back at least some of it from the Caisse Primaire d'Assurance Maladie (CPAM), including the cost of the prescription, although the process may take up to 60 days to complete.

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Meet the Team Thomas J. Brooks

Roni Collins

Partner

Partner

Jim qualified as a Solicitor in 1972 and commenced his professional career with the late Liam Collins Solicitor. He immediately set up a litigation department and quickly earned a reputation for being an able and skilled litigator throughout the County of Cork. Jim specialises in litigation and leads a very strong energetic and specialised team dealing with all types of litigation.

Having graduated from UCC with a BCL degree in 1984 Roni trained with Collins Brooks, qualifying as a solicitor in 1988 and becoming a partner in 2005. She has worked in all areas in the practice but specialises in residential, agricultural and commercial conveyancing. She also heads up the firms Probate Department in addition to advising in the area of Wills and Estate Planning.

Lorna Brooks

Karen Crowley

Partner

Solicitor

In keeping with a family tradition Lorna qualified as a Solicitor in 2005.

She then went on to obtain a Masters Degree from the University of Sheffield in Biotechnological Law and Ethics focusing on areas of reproductive technologies, genetic privacy, stem cell research and GMO’s. Lorna works in the litigation department and has gained considerable experience in all areas of litigation in all Court Jurisdictions.

Karen trained with the practice and qualified as a Solicitor in 1993. She graduated from UCC with a BCL Degree in 1990. She worked in general practice for a number of years before specialising in Conveyancing and her area of practice focuses on Residential Conveyancing, Farm Transfers, Probate, Succession Law and Capital Taxation Karen is a member of both the West Cork Bar Association and the Southern Law Association.

Emma O’ Brien

Michelle Murphy

Solicitor

Solicitor

Emma graduated from UCC in 1997 with an Honours BCL, qualified in 2000 and has developed a general practice. The focus of her work at the moment is Residential and Commercial Property Acquisition, Sale and Lease, Will drafting and Estate Planning. Emma has also acted for a number of developers of housing estates. She also looks after General Commercial Advice and Transactions as well as Liquor Licensing.

Michelle is a solicitor in our private client department specialising in buying, selling, leasing and mortgaging all types of residential, commercial and agricultural property, Wills with Tax Planning and the Administration of Estates. Michelle has extensive experience acting for a broad range of clients. Michelle graduated from the University of Limerick in 1997 with a BA in Law and European Studies and qualified in 2001.

Beibhinn Murphy Solicitor Bebhinn graduated from UCC with an Honours BCL in 1998 and received a Higher Diploma in Marketing and Management 1in 999. Bebhinn qualified in 2005 and practices in all areas of Litigation, with a particular interest in Employment Law, Personal Injuries and Debt recovery.

Bebhinn is experienced in Private Client and Commercial Litigation for both Plaintiffs and Defendants ,in all court Jurisdictions as well as, Alternative Dispute Resolution, including Arbitration and Mediation.

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Range of Services Litigation

Residential & Commercial Property

• Civil and Commercial Litigation • District Court to the Supreme • Personal Injury Board applications and advice on assessments/awards • Road Traffic Accidents and accidents in the workplace • Medical and professional negiligence • Employment Law • Debt collection and recovery • Please visit our website for a full list of services

• • • • •

Commercial • Property, joint ventures, partnerships, limited liability companies • Buying and selling of businesses • Company formations & startup/shareholder agreements • Formation of companies and company secretarial advice • Liquor licensing • Liquidations • Buying, selling and leasing of commercial property • Commercial Leasing • Please visit our website for a full list of services

Visit us at

Buying , selling or refinancing of a property Full commercial property service Identify important issues and provide quality advice Represent all of the various parties involved Please visit our website for a full list of services

Agriculture • • • • •

All aspects of Farming and Estate Management Sale and purchase of farms and estates Voluntary land registration, Rights of Way and Wayleaves Agricultural joint ventures and partners Please visit our webiste for a full list of services

Probate • • • • •

Succession, trusts and estate planning Powers of Attorney Advising executors on duties and responsibilities Will drafting Please visit our website for a full list of our services

www.collinsbrooks.ie

6/7 Rossa Street Clonakilty Co. Cork

info@collinsbrooks.ie Tel: 023 8833332

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Fax: 023 8834204