2012 - January to June - Whats New Archive

JUNE

-------------------------------------

Property Services Regulatory Authority applications

The CRO is aware that, as part of their Property Services Regulatory AuthorityLinks to external website Licence application, companies are required to provide "a certified certificate of incorporation of the company " and, where applicable,"a certificate of business name registration". We have confirmed with the Authority that duplicate certificates that can be ordered free of charge from our website - Duplicate Certificates - are acceptable for these purposes.

MAY

--------------------------------------

Problem Resolved - 18th May

It is now possible to purchase items using a credit card again. The problem with the Service Provider has been resolved.

Problem with Online Purchases - Website - 18th May

There is a problem with customers trying to purchase items from the Company Search FacilityLinks to external website on the website. Unfortunately there is an issue with our Online Service Provider's system and it is down until further notice. We hope the issue will be rectified shortly. Apologies for any inconvenience caused. It is still possible to purchase documents if you have an account with the CRO.

RFS Search Facility

It is now possible to search online (by name) for a particular society or trade union. You are able to see a list of documents that have been filed against the society/union. Once you click on a particular society or union, you will see its number, address, entity type (whether friendly or industrial & provident society or a trade union), the date of registration, the last date of an annual return submitted to the RFS and the date of the last triennial return filed (where required). Should you click on View Submissions you will see listed the various submissions filed and whether they are processed and/or scanned. However, at present, it is not possible to purchase online an image of a document. We hope to add this functionality in the future. View RFS Search Facility - https://www.cro.ie/RFS/.

Increased ODCE prosecution activity in auditor cases

In recent years, the Office of the Director of Corporate Enforcement (ODCE) has successfully prosecuted several cases where auditor's reports filed with the Companies Registration Office were signed by firms/persons who were not entitled to do so or where the names of bona fide audit firms were used without the knowledge of those firms.

These offences arise under Section 187 of the Companies Act 1990 (qualification for appointment as auditor) and Section 242 of the1990 Act (furnishing false information to the Registrar of Companies). Several further prosecutions have been, or are very likely to be, initiated during the remainder of 2012.

In one case, conviction under Section 242 resulted in a sentenceof imprisonment being imposed on the Defendant. In that case, which came before Dublin Circuit Court, the Defendant was convicted on two charges, one of which was under Section 242. Concurrent 3 year sentences of imprisonment on the Section 242 charge and another theft and fraud charge were imposed (last year suspended in each case). A good behaviour bond for two years after release was also imposed on the individual concerned and leave to appeal was refused.

In another recent case heard in the District Court, the Defendant was charged with 12 offences under Sections 187 and 242. A custodial sentence of 5 months was imposed (suspended for 3 years) in respect of four charges under Section 242, with a fine imposed in respect of certain other charges.

For further information on these and other cases, visit the prosecutions page on the ODCE website.Links to external website

APRIL

-------------------------------------

Official Languages Act 2003

Preparation of 2nd Draft Joint Scheme by the Companies Registration Office and the Registry of Friendly Societies

The Companies Registration Office and the Registry of Friendly Societies have been requested by the Minister for Community, Equality and Gaeltacht Affairs to draft a second joint scheme in accordance with Sections 11 and 15 of the Official Languages Act 2003. The primary objective of the Act is to ensure better availability and a higher standard of public services through Irish.

The Companies Registration Office is a statutory body coming under the aegis of the Department of Jobs, Enterprise and Innovation, charged with responsibility for the registration of companies and business names and the provision of statutory company information to the public. For the latter purpose, the Companies Registration Office is the central repository of public statutory information on Irish companies.

The Registry of Friendly Societies comes under the aegis of the Department of Jobs, Enterprise and Innovation. The main functions discharged by the RFS include the efficient and effective registration and general regulation of trade unions under the Trade Union Acts 1871-1990; industrial and provident societies under the Industrial and Provident Societies Acts 1893-1978, and friendly societies under the Friendly Societies Acts 1896-1977.

The Registrar now wishes to invite representations in relation to the preparation of the draft second joint scheme from any interested parties. Submissions should ideally not exceed 4,000 words (c.8 pages). Ideally submissions, which will be made available on the Office’s website www.cro.ie, should be forwarded electronically to vivien.cunningham@djei.ie. Alternatively, they may be posted to Administration Section, Companies Registration Office, Parnell House, 14 Parnell Square, Dublin 1.

The latest date for receipt of representations is 5.00pm on 8 May 2012.

Further information in relation to the Act is available on the Department of Community, Equality & Gaeltacht Affairs website www.pobail.ieLinks to external website or by e-mail request from achtteanga@pobail.ie.

Forms LP1, LP2, LP3 and LP4

New versions of Limited Partnership forms LP1, LP2, LP3 and LP4 are available for download from the website. The changes are mainly cosmetic. Old versions of the forms can still be submitted.

Easter

Any company who is due to be struck off the Register on Easter weekend 8th April 2012 - their outstanding annual returns must be entered on the system by close of business on Thursday 5th April 2012, as the Office will be closed on Good Friday 6th April, otherwise their company will be struck off that weekend. Opening Hours.

MARCH

-------------------------------------

Form C1 and Land Registration Rule Change

Having regard to contacts which were made with CRO in relation to the recent change in the Land Registration Rules which took effect on 1 March 2012 where security given by a company includes or consists of registered land, it is clear that uncertainty still remains for quite a number of practitioners. These practitioners have indicated to CRO that for absolute legal certainty in terms of compliance with Section 99 Companies Act 1963, they intend to file a second C1 in each case with the CRO arising from new Land Registry Forms 115 and 114 (under the Land Registration Rules 2011), notwithstanding the Information Note issued by CRO.

CRO has consequently sought external legal advice on the issue, and same is currently awaited.

In light of the foregoing, it should be noted that if CRO receives a C1 in respect of Land Registry Form 114 or 115, it will hold the submission as "Received" but will not register same until further legal advice is received by the CRO as to the registrability of a Form C1 which is filed on foot of Land Registry Form 114 or 115.

Dated 14 March 2012

Wednesday 14th March - Email System

The CRO is currently experiencing difficulty with its email system. Customers may have difficulty receiving documents purchased through the website. We hope to rectify the problem shortly. Apologies for any inconvenience caused.

Twitter

The CRO is now on Twitter. We will use this to provide links on our website on any new items. We will also use it to keep you informed of latest developments if we experience downtime on any of our services. You may follow us by visiting https://twitter.com/#!/cro_ie .

Access to CRO Data

The Companies Registration Office (CRO) is the central repository of public statutory information on Irish companies and business names. This information on Irish companies and business names is stored electronically as data and document images on a database. CRO provides access to this data in a number of ways including the new Open Services - CRO REST API. Please see Access to CRO Data page.

Land Registration Rules Change in Property Registration Authority

There has been a recent procedural change in Land Registry practice to facilitate their registration process in respect of charges over registered land. Procedures in the CRO are unaffected by these administrative changes. Please see Land Registry Rules Change.

FEBRUARY

------------------------------------

CRO Website/Database Maintenance

The CRO is carrying out maintenance to our website and database on Thursday 1st March 2012. This will result in the CRO website and database being inaccessible from 5pm on Thursday until approximately 8pm. All our online services will be unavailable at this time. We regret any inconvenience caused to the public during this essential maintenance. Thank you for your cooperation.

CRO REST API

The CRO has launched a new free facility called "Open Services", an Application Programming Interface (API) which will allow software developers include data from the CRO in their applications. The data available using the API is the exact same as that which is currently available on our Company Search site. Information can be retrieved in XML or JSON.

To sign up and read more more technical information, please visit https://services.cro.ie/.

NEW A1 AVAILABLE IN CORE TO REPLACE CRODISK

It is now possible for members of the Fé Phrainn Scheme to file A1s (Incorporation of a New Company) in CORE - www.core.ie. This change is essential as CRODisk has become outdated and we are no longer in a position to update and maintain it. You will notice that the A1 on CORE is also the new version of the A1 that is currently available on our website.

We will not be accepting A1s generated on CRODisk on or after the 1st of March, 2012. If you have any queries you can contact claudine.forrest@djei.ie

JANUARY

------------------------------------

Amalgamated Accounts

WITH EFFECT FROM 31 DECEMBER 2011, THE EXCEPTION IN RESPECT OF AMALGAMATED ACCOUNTS HAS BEEN DISCONTINUED AND CRO IS NOW GIVING NOTICE THAT AS OF THAT DATE, AMALGAMATED ACCOUNTS WILL NOT BE ACCEPTED IN ANY CIRCUMSTANCES.

Please note that this notice refers only to presenters lodging amalgamated accounts with CRO; ie filing the one / same set of accounts with more than one annual return. It has no impact on the existing requirements under the Companies Acts as to the minimum or maximum length of time that accounts can be prepared for. It simply confirms that, as and from 1 January 2012, an individual set of accounts is required to accompany each annual return that is received by the CRO.

As and from 1 January 2012, a separate set of accounts is required to be filed in respect of each financial year of a company. This is in order to ensure compliance with the 4th Company Law Directive 78/660/EEC of 25th July 1978 which contemplates individual sets of accounts for each financial year. The effect of the foregoing is that each annual return received by CRO on or after 1 January 2012 is required to be accompanied by a set of accounts for a financial year ending not earlier than nine months before the effective date of the return, which set of accounts covers the period since the end of the period covered by the accounts that were annexed to the company's preceding annual return.

It should be noted that the foregoing equally applies from 1 January 2012 to dissolved companies being restored to the register, whether on Form H1/H1R/H1-OMC or via court application for restoration, where the restoration is pending as at 31 December 2011.

CRO Phones down lunch-time 27th Jan

Please note the phones in CRO Dublin will be disconnected for approximately 15 minutes today 27th Jan between 1:15pm and 1:30pm. Services should resume as normal after 1:30pm. CRO apologies for any inconvenience caused.