51��Ƶ����

A Disclosure Statement tells stakeholders important facts about a company or transaction that could affect their decisions. In Irish business law, these documents play a crucial role in maintaining transparency, especially during mergers, property sales, or when seeking investment.

Under Irish company regulations, businesses must include specific details like financial risks, conflicts of interest, and material information that could impact stakeholders. For example, a property developer must disclose building defects, while investment firms need to outline fees, risks, and past performance. Breaking these disclosure requirements can lead to serious penalties under the Companies Act 2014.

You need a Disclosure Statement when raising capital, selling property, or entering significant business transactions in Ireland. It becomes essential during mergers and acquisitions, when seeking investment funding, or launching financial products - any situation where others rely on your information to make important decisions.

The timing is critical: prepare your Disclosure Statement before engaging with potential investors, buyers, or business partners. Under Irish law, companies must provide these statements during IPOs, property developments, and investment offerings. Financial services firms need them when launching new products or services, especially those regulated by the Central Bank of Ireland.

• Financial Services Disclosures: Required by the Central Bank of Ireland for investment products, banking services, and insurance offerings - detailing risks, fees, and terms.
• Property Transaction Disclosures: Used in real estate deals to document property conditions, planning permissions, and known issues.
• Corporate Investment Disclosures: Common in fundraising rounds, detailing company financials, risks, and business projections.
• Consumer Product Disclosures: Outlines product safety information, warranties, and consumer rights under Irish consumer protection laws.
• Professional Services Disclosures: Used by lawyers, accountants, and consultants to clarify scope of services, fees, and potential conflicts.

• Company Directors: Responsible for approving and signing Disclosure Statements, ensuring accuracy of information provided to stakeholders.
• Legal Counsel: Draft and review statements to ensure compliance with Irish corporate law and regulatory requirements.
• Financial Advisors: Help prepare financial disclosures and risk assessments, particularly for investment-related statements.
• Property Developers: Must provide detailed disclosures about building projects, planning permissions, and potential issues.
• Investment Firms: Create disclosure documents for financial products, following Central Bank of Ireland guidelines.
• Compliance Officers: Oversee the preparation and maintenance of disclosure documentation across the organization.

• Business Details: Gather current financial statements, ownership structure, and key business operations data.
• Risk Assessment: Document known risks, potential challenges, and material facts that could impact stakeholders.
• Compliance Check: Review Central Bank of Ireland guidelines and Companies Act requirements relevant to your disclosure type.
• Supporting Documents: Collect permits, licenses, certificates, and other evidence backing your statements.
• Internal Review: Have key department heads verify information accuracy in their areas.
• Draft Structure: Our platform generates a legally-sound template, ensuring all mandatory elements are included correctly.
• Final Check: Review for clarity, completeness, and consistency before obtaining required signatures.

• Identification Section: Full legal names and details of all parties involved, including company registration numbers.
• Material Information: All facts that could significantly influence stakeholder decisions or valuations.
• Risk Factors: Clear outline of business, financial, and operational risks specific to the transaction.
• Financial Details: Current financial position, including relevant historical data and future projections.
• Legal Compliance: Statement confirming adherence to Irish Companies Act 2014 and relevant regulations.
• Verification Statement: Declaration that all information provided is accurate and complete.
• Signature Block: Space for authorized signatories, with dates and company seals where required.

A Disclosure Statement differs significantly from a Non-Disclosure Agreement (NDA) in both purpose and scope. While both documents deal with information sharing, they serve opposite functions in Irish business law.

• Direction of Information Flow: Disclosure Statements actively share information with stakeholders, while NDAs restrict information sharing between specific parties.
• Legal Obligation: Disclosure Statements fulfill regulatory requirements to inform stakeholders, while NDAs create contractual obligations to maintain confidentiality.
• Timing and Duration: Disclosure Statements typically relate to a specific transaction or point in time, while NDAs usually govern ongoing relationships.
• Enforcement Focus: Disclosure Statements protect the disclosing party from future claims of withholding information, while NDAs protect confidential information from unauthorized use.