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Legal Proceedings: The Importance of Company Authorisation and Representation

Director Factsheets

This Director Factsheet is courtesy of McCann FitzGerald

A company incorporated under the Companies Act has its own legal personality and can institute legal proceedings in its own name. However, difficulties can arise where proceedings are commenced on behalf of a company where this has not been properly authorised by the company. In addition, where a company is a party to proceedings, in the absence of certain limited exceptions, it must retain legal representation to act on its behalf.