Agents in Ireland are required to register with the Irish Government before they can become agents.
Agents can also take up to 10 years to become agents and the registration period is set out in the Commercial Agent Registration Act.
However, there are exceptions to the registration requirement for those who wish to pursue other work.
There are two main ways that an agent can register with Irish Government.
The first is to become a commercial and financial agent.
This is the easiest way to register.
An agent is required to apply to register as a commercial financial agent, but you can register as an individual and not as a business.
You can register to take part in any of the categories of agents that the Government has set out, including brokerages, law firms and trust companies.
The second way is to register to act as a solicitor.
This will give you the right to practise as a barrister and you will have the right of appeal against any decisions of the court.
You need to provide a solicitor’s registration form to the Department of Justice and the Department will check that the form meets all of the requirements.
If the form is not satisfactory, it will then require you to provide additional information such as: a letter from your solicitor outlining the position you hold in the company you are registering with; the name of your solicitor, who is responsible for the registration and any further information about the person who will be acting for you; and, if you wish to register an agent, your name, address, telephone number, the number of your office and the date of your appointment with the solicitor.
You should also provide a statement from your lawyer detailing your solicitor’s fees, charges and other costs associated with the registration.
For more information, contact the Irish Ministry of Justice.
The Department of the Taoiseach says that: “Commercial agents must register with any department they choose to do so, including the Department for Business, Innovation and Skills, the Department Of Justice, the Revenue Commissioners and the Attorney General’s Department.”
If you are a solicitor and would like to register, you should first contact your solicitor to find out if they can assist.
You will also need to ensure that you have a solicitor registration form and an account number for your solicitor.
If you do not have a lawyer or account number, you will need to go to the Revenue Department to find one.
You must also send the forms to the department within 14 days of your registration.
The application for commercial agent registration must be submitted to the Irish Minister of Justice, as required by the Commercial and Financial Agent Registration act.
You are also required to supply your solicitor registration number to the agent’s office.
If your solicitor has a register number, they will then need to follow that number and make an appointment with you to register your agent.
You may need to contact the office to confirm the appointment is complete before you register your solicitor for commercial work.
To register an individual or company, the solicitor will need a copy of the agent registration form.
You’ll also need the agent to sign a form confirming your registration with the Department and any additional information you may need.
If registering as a broker or law firm, you must submit to the Office of the Registrar a declaration confirming that the agent will act as your agent and provide the following information: a copy or summary of the relevant relevant contracts and agreements between you and the broker or firm; and a declaration that the broker/ firm will be entitled to take on your client and any costs incurred by you for the work you are authorised to undertake.
You also need a statement that the Broker/ Firm will be able to take your client’s money.
If submitting to the office as a lawyer, you need to complete a declaration stating that the person you are acting for will be an Irish law solicitor.
Once registered, you can only register for commercial activities for which you hold a solicitor licence or a commercial licence to practise in Ireland.
However you may register as either a lawyer and/or a commercial solicitor, or both, for any other commercial or professional activity.
If a lawyer is registered as a trader or professional in Ireland, the rules apply to the registered professional.
However the rules are very different to the rules for a solicitor as they apply to all registered professional activity that involves a registered professional, including trade and professional activities.
This means that you may also register as the person in the business that you are registered as if you are not registered as solicitor.
For example, if the trader or solicitor is registered for a commercial purpose in Ireland as a non-solicitor and does not hold a licence to practice law in Ireland and the trader/ solicitor becomes a solicitor, the registration will apply to their work.
If registered as an agent for a person who is not a solicitor: the agent may be registered as the solicitor, but not the solicitor itself.
You do not need to register for the agent unless you are planning to take them on as your client or to take their client on