District Court Prosecutions
The CRO’s enforcement of statutory annual return filing obligations comprised involuntary strike-off, company prosecutions and the seeking of High Court orders against companies and their directors under section 797 of the Companies Act 2014.
Prosecutions of companies who have failed to file an annual return are made pursuant to section 343 Companies Act 2014 in the District Court.
Companies and directors of companies who fail to file an annual return with the CRO may be prosecuted under section 343 of the Companies Act 2014. Upon conviction, the maximum penalty for each offence can be €5,000 a category 3 offence. A director who has received three such convictions may be disqualified from acting as director, or having any involvement in the management, of any company.
Prosecutions are also carried out by Office of the Director of Corporate Enforcement.
District Court Prosecutions – 2nd March 2020
12 cases were heard by the District Court on the 2nd March 2020. 4 cases were adjourned to a later date.
8 cases had the Probation Act applied to them.
CRO Court Prosecutions – 3rd February 2020
13 cases were prosecuted for failing to file their annual returns on time including one director in the District Court.
1 case was convicted and fined €1,000.
All other cases were adjourned to either 2 March 2020, 6 April 2020 or 25 May 2020.
Court Prosecutions 4th November 2019
10 cases were prosecuted.
Probation Act was applied in 5 cases.
Remaining cases were adjourned.
6 other cases were heard which had been adjourned from previous hearings.
Probation Act was applied in 4 cases.
1 case was convicted and fined €3,000.
Remaining case was adjourned.
Court Prosecutions 30th September 2019
4 cases were taken and were adjourned.
12 other cases were heard which had been adjourned from previous hearings.
5 cases were fined and convicted with fines ranging from €800 to 1,500.
Probation Act was applied in 3 cases.
Remaining cases were adjourned.
Court Prosecutions 24th June 2019
10 cases were prosecuted.
2 cases were convicted and fined €400 each.
Probation Act was applied in 3 cases.
Remaining cases were adjourned.
Court Prosecutions 23rd May 2019
11 cases were prosecuted.
8 cases were convicted and fined. The fines ranged from €250 to €3,000.
Remaining cases were adjourned.
Court Prosecutions 29th April 2019
9 cases were prosecuted.
1 case was convicted and fined €2,500.
Probation Act was applied in 4 cases.
Remaining cases were adjourned.
CRO Court Prosecutions 25th February 2019
12 cases were prosecuted by the Companies Registration Office in the District Court for failing to file their 2018 Annual Return on time.
8 cases were convicted.
4 cases were adjourned to 29/04/2019.
Fines ranged from €500 to €1,200 in convicted cases.
Court Prosecutions 5th November 2018
27 cases were prosecuted by the Companies Registration Office in the District Court for failing to file their 2017 Annual Return on time.
16 companies (17 cases ) were convicted.
10 companies were adjourned to 03/12/2018.
Fines ranged from €500 to €1,200 in convicted cases.
District Court Prosecutions 22nd October 2018
33 cases were prosecuted by the Companies Registration Office in the District Court for failing to file their 2017/18 Annual Returns on time.
18 companies were convicted.
14 companies were adjourned to 03/12/2018.
Fines ranged from €500 to €5,000 in all convicted cases to CRO
District Court Prosecutions 6th November 2017
21 cases were prosecuted by the Companies Registration Office in the District Court for failing to file their 2016/17 Annual Returns on time.
4 companies (7 cases) were convicted.
9 companies (14 cases) were adjourned to 8/1/2018.
Fines ranged from €600 to €1,200 in all convicted cases to CRO.
2015-03-03 District Court Prosecutions
18 Companies were prosecuted by the Companies Registration Office in the District Court for failing to file their 2013 Annual Return on time
12 companies (12 cases) were convicted.
6 companies (6 cases) were adjourned to 25/5/2015.
Fines ranged from €2,500 to €750 and costs of €150 were awarded in all convicted cases to CRO.
District Court Prosecutions 10th November 2014
25 Companies (25 cases) were prosecuted in the District Court on the 10th November 2014 for failure to file annual returns on time.
– 7 companies convicted
– 18 cases adjourned to the 2nd March 2015.
Fines ranged from €2,000 to €2,500 and costs of €150 were awarded in all convicted cases to the CRO.
District Court Prosecutions 8th September 2014
9 Companies (10 cases) were prosecuted in the District Court on the 8th September 2014 for failure to file annual returns on time.
- 7 companies convicted
- 2 cases adjourned to the 10th November 2014.
Fines ranged from €750 to €2,500 and costs of €150 awarded in all convicted cases to the CRO.
2014-03-31 District Court Prosecutions
District Court Prosecutions
28 Companies (30 cases) were prosecuted in the District Court on the 31 March 2014 for failure to file annual returns on time.
19 Companies were convicted and 1 case was adjourned to the 28th May 2014 and 10 cases were adjourned to 8th September 2014.
Fines ranged from €250 to €2,000 and costs of €150 were awarded, in all convicted cases, to the CRO.
2014-01-29 Circuit Court Appeal
One Circuit Court Appeal heard on the 29/1/2014. The Circuit Court Judge upheld the District Court Judge’s decision of the 14/10/2013 which was a Fine of €1,800 and costs of €150 to the CRO. He also awarded additional €100 costs to the CRO for the Circuit Court date of the 29/1/2014.
2013-10-14 Court Prosecutions
42 Companies (44 cases) were prosecuted in the District Court on the 14th October 2013 for failure to file annual returns on time.
- ● 25 companies (26 cases) were convicted
- ● 14 companies (14 cases) were adjourned to 14th March 2014
- ● 2 Companies (2 cases) received Probation Act
- ● 1 company (2 cases) evidence withdrawn – company went into liquidation
Fines ranged from €250 to €1,800 and costs of €150 awarded in all cases including those who received Probation Act
2013-03-11 District Court Prosecutions
9 Companies (13cases) were prosecuted by the Registrar of Companies in the Dublin Metropolitan District Court pursuant to section 125 Companies Act 1963 on 11th March 2013 for failure to file an annual return on time.
7 companies (10 cases) were convicted of breaching section 125. Fines imposed on these companies ranged from €250 to €750, and an additional amount of €150 for legal costs was awarded in most cases.
1 company (1 case) evidence withdrawn as company now in liquidation.
1 companies (2 cases) had their prosecutions adjourned to 13th May 2013 to enable them to complete their annual return filings.
2012-10-08 District Court Prosecutions
31 Companies (38 cases) were prosecuted by the Registrar of Companies in the Dublin Metropolitan District Court pursuant to section 125 Companies Act 1963 on 8 October 2012 for failure to file an annual return.
22 companies (25 cases) were convicted of breaching section 125. Fines imposed on these companies ranged from €250 to €750, and an additional amount of €150 for legal costs was imposed in respect of each conviction.
9 companies (13 cases) had their prosecutions adjourned to 11 March 2013 to enable them to complete their annual return filings.
2012-05-21 District Court Prosecutions
33 companies (39 cases) were prosecuted by the Registrar of Companies in the Dublin Metropolitan District Court pursuant to section 125 Companies Act 1963 on 21st May 2012 for failure to file an annual return.
19 companies (19 cases) were convicted of breaching section 125. Fines imposed on these companies ranged from €100 to €500 and no additional amount was imposed in respect of legal costs.
2 companies (2 cases) were marked as taken into consideration.
12 companies (18 cases) had their prosecutions adjourned to 8th October 2012 to enable them to complete their annual return filings.
2012-03-05 District Court Prosecutions
34 companies (38 cases) were prosecuted by the Registrar of Companies in the Dublin Metropolitan District Court pursuant to section 125 Companies Act 1963 on 5 March 2012 for failure to file an annual return.
9 companies (9 cases) were convicted of breaching section 125. Fines imposed on these companies ranged from €100 to €1,000, and an additional amount of €150 for legal costs was imposed in most cases.
9 companies (10 cases) were struck out.
2 companies (2 cases) the evidence was withdrawn.
2 companies (3 cases) were marked as taken into consideration.
12 companies (14 cases) had their prosecutions adjourned to 21 May 2012.