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
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.
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