2012 CRO Newsletter

Email Newsletter
The CRO newsletter facility allows subscribers to receive regular news updates from the office by email. These emails are delivered in text format:

1. CRO E-Zine
This is an electronic bulletin published once a month. It informs all subscribers of the current developments within the Office and also notifies subscribers of future events.

2. Interim Messages
The email newsletter service is effectively split in two (though only one subscriber list is used). Every subscriber receives delivery of the CRO E-Zine once every month. In the interim subscribers may receive further updates if necessary from the Office (urgent or time sensitive messages).

CESSATION OF PUBLICATION OF CERTAIN STATUTORY NOTICES IN THE IRIS OIFIGIUIL SUPPLEMENT - Partial Commencement of S.72 of the Investment Funds, Companies & Miscellaneous Provisions Act 2005

Section 72 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 is to be partially commenced by Statutory Instrument and the partially commenced provision will come into operation on the 19th November 2012. The effect of this will be to mandate the publication of certain Statutory Notices exclusively in the Companies Registration Office Gazette ("CRO Gazette"), thereby enabling CRO to discontinue the simultaneous publication of these Notices in the Iris Oifigiúil Supplement.

From 19th November 2012, certain Statutory Notices will be required under the Companies Acts to be published in the CRO Gazette and no wider publication will be necessary under the Companies Acts after that date.

Please see Iris Gazette page.

If you have any queries regarding the above, please contact the CRO Enforcement Unit at croenforcement@djei.ie

 CHRISTMAS 2012 DEADLINES - NEW COMPANIES

FOR INCORPORATIONS, CHANGE OF NAME RE-REGISTRATIONS AND COMPANY NAME RESERVATIONS

The CRO cannot guarantee that submissions received after the dates set out below will be processed before the Christmas break.

  • ORDINARY SCHEME 3rd DECEMBER 2012
  • Fé PHRAINN SCHEME 10th DECEMBER 2012
  • ONLINE A1 SCHEME 13th DECEMBER 2012
  • CHANGE OF NAME 7th DECEMBER 2012
  • REREGISTRATIONS 7th DECEMBER 2012
  • COMPANY NAME RESERVATIONS 17th DECEMBER 2012

UPDATE OF CRO'S GENERAL PRACTICE WHEN NOTIFIED OF DIRECTOR DISPUTES

If CRO is made aware of a dispute between members/officers of a company and/or that contradictory or conflicting filings have been made to the Office in respect of a company’s officers in consequence of such dispute, which filings have not yet been registered, CRO is not in a position to adjudicate on the issues that are in dispute or to rule on which filing is registrable.

In order to avoid the registration of potentially misleading and inaccurate submissions, CRO’s general practice is to hold such unregistered submission/s in "Received" status for a maximum period of six months to enable the factions to resolve the issues in dispute, either by mutual agreement or, in the absence of such agreement, by recourse to the High Court for declaratory relief. After this six month period has expired, the temporary holding of submissions in "Received" status will automatically cease and CRO will continue to process these documents to registration.

The application of this general practice is dependent on notice of the dispute being submitted in writing to the CRO in the context of a request that certain submission(s) not be registered and permission given to CRO by the Objector to share a copy of his/her objection to registration of statutory submission(s) with the Company and its officers.

For more information please see directors disputes

FREEDOM OF INFORMATION ACT

CRO is prescribed under the Freedom of Information Acts 1997 and 2003 ("the Acts"). For further information and details on how to make an application for information under the Acts please view the CRO's FOI Handbook.

Please note that where requests for information are received under the Acts, there is a presumption of release unless specific exemptions apply. Even where specific exemptions may be deemed to apply, consideration must be given to whether it is in the public interest to release the records. Therefore, when submitting non-statutory submissions to the CRO it should be borne in mind that any records could potentially be released by the CRO.

For further information of Freedom of Information, including the text of the Acts, please visit the government website www.foi.gov.ie/

ONLINE SEARCH - RFS

It is possible to purchase online an image of a document for an Industrial and Provident Society. (Filing Fee €3.00). However,at present, it is not possible to purchase online an image of a document for either a Trade Union or a Friendly Society. We hope to add this functionality in the future.

View RFS Search Facility - https://www.cro.ie/RFS/  

PROCESSING OF ANNUAL RETURNS DURING PEAK FILING PERIOD

About 38,000 companies had an annual return filing deadline of 30 October 2012 and those companies who captured their B1 electronically have 28 days in which to deliver the B1 and accounts to CRO.

As a result of the high volumes of returns filed in the months of October and November, it may take longer than usual for CRO to process these returns and to make them available to view on our website - www.cro.ie - or to monitor on CORE

Please note that all documents are stamped with the date delivered to the CRO and that date is recorded as the "received date" irrespective of when the document is entered onto the Register.

CHECKING THE STATUS OF YOUR SUBMISSIONS DURING PEAK PERIOD

There are a number of ways in which customers can check the status of their annual returns during the peak period without having to contact CRO:

For the duration of the peak, CRO will put a daily update on the "What's New" section of the CRO Website advising of the date of receipt of annual returns being processed on that day - see  "Whats New" .  It would be appreciated if customers do not contact CRO enquiring about documents delivered after the processing date given in "What's New" on the website.

Also, on the website presenters can look up details of a company in the Company Search facility under "Services" - if the company's NARD has moved on to 2013, it means their 2012 annual return has been received and you can view the list of submissions and their status for free.

A third method is for company officers to register on CORE - www.CORE.ie - where a "watch" can be set up on a relevant company to check the status of submissions posted or filed on-line. An event will appear in "My Events" each time a document is received and the status of any document (manual or electronic) changes against a watched company.

Customers are asked to first avail of one of these methods to check the status of their filings before ringing or e-mailing CRO.

CRO CUSTOMER ACCOUNTS

All Customer Account details, including recent transactions and statements, are now available on-line in www.CORE.ie. Accordingly, from 1 January 2013 the CRO will no longer be issuing Customer Account statements by post.

In order to view your Customer Account details on-line, if you have not already done so, you will need to register in CORE by clicking on https://core.cro.ie/Main/register_iri.jsp.

Once registered, you can view your transactions by clicking on My Accounts/ Add/ and by entering your customer number and PIN. You will only need to do this once and all of your details will be available each time you log in to CORE.

The new facility offers Account holders a range of additional features such as the facility to view up-to-date transactions and the current balance, to open a statement either in Excel or in a printable format which replicates the old Statement, to access all statements since the account was opened, to deposit funds or open a new account on-line.

A new Customer Account can be opened on-line at https://www.cro.ie/search/NewCustomer.aspx. The Account can be topped up using a Credit Card and can be used to pay for filing fees and penalties when filing submissions electronically through CORE.

ANNUAL RETURNS FILED IN 2012 FOR 2013

The Companies Acts state that a company must file an annual return at least once in each calendar year. A company with a 2013 ARD date must file an annual return with an effective date in 2013 in order to meet this requirement and move their next ARD on to 2014.

If you filed your annual return with an effective date in late 2012, expecting that this will meet your filing obligations for 2013, this is not the case and you will still need to file an annual return in 2013.

Companies may only file early in respect of the current ARD year, not for a future year.

B1 - ANNUAL RETURNS AND ACCOUNTS - SEND BACK LETTERS

Where an annual return filed with the CRO is identified as containing errors on receipt, it is sent back to the presenter/company with a Notice served under Section 249A of the Companies Act 1990.

Section 249A requires that the errors be corrected and a fully compliant document delivered to the CRO within 14 days after the service of the Notice. If a fully compliant document is delivered to the CRO within 14 days, it will be deemed to have been received in the CRO on the delivery date of the original deficient document.

Otherwise, the original document shall be deemed not to have been delivered to the Registrar and the re-submitted document treated as a fresh submission.

Presenters are reminded that where an annual return is sent back for correction, they must deliver a fully compliant annual return to the CRO within 14 days* or risk the original document being deemed not to have been delivered to the Registrar, which could result in late filing penalties and loss of audit exemption.

(*Where annual returns are sent back because audited accounts are required, the corrected documents may be re-submitted within 28 days. Where a company is listed for strike-off, the corrected documents must be delivered before the strike-off date).

For more detail on this matter, and the full wording of Section 249A of the Companies Act, 1990, see Ezine 89 2010. View Common Errors page to see a breakdown of the most common reasons for annual returns to be sent back for correction and possible solutions to prevent these errors.

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