Until now, the preferred vehicle for carrying on a business in the Republic of Ireland has been by incorporating a limited liability company. The liability of the members can be limited either by shares or by guarantee. The main benefit of incorporating such a company is, as the name suggests, that the shareholders of the company have their liability to third parties limited to the extent that they wish to invest in the company. This is true as long as the shareholders are not guilty of fraud or recklessness.
While the incorporation of a company with limited liability brings with it benefits, the introduction of the Company Law Enforcement Act 2001 has resulted in a much stricter compliance regime and the questioning of commercial value of those benefits.
