2016 Ezine 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).

END OF TRANSITION PERIOD - 30 NOVEMBER

Please note that a separate e-Zine dealing specifically with issues related to the end of the transition period, conversions etc will be issued in the coming days. 
 

DELIVERING DOCUMENTS TO CRO DURING THE NOVEMBER PEAK
 
The 2014 Companies Act places the responsibility on the company itself for on-time DELIVERY of its annual return to the CRO. If you are posting an annual return to the CRO it should be addressed to CRO, O’Brien Road, Carlow. If posting close to your filing deadline, CRO advises you to use a form of time guaranteed delivery service which provides proof of delivery. There are a number of providers offering this service (eg An Post's EXPRESS POST service). Please note that An Post's Registered Post service does not guarantee next day delivery and if a document sent by Registered Post is delivered to the CRO after the filing deadline, CRO has no option but to treat it as being late.

Alternatively, presenters can hand deliver to the CRO's Public Office at 14 Parnell Square where you will be provided with a receipt for your documents. The Public Office is open from 9.30am to 4.30pm. Personal callers are reminded that the queues in the Public Office can be shorter in the morning time and should consider lodging documents as early as possible to ensure they can be checked and receipts issued on the day.

NB: PLEASE DO NOT LEAVE IT TO THE LAST MINUTE TO DELIVER YOUR 2016 ANNUAL RETURN TO THE CRO - IF A RETURN IS DELIVERED LATE, THE CRO HAS NO DISCRETION IN THE MATTER AND THE CONSEQUENCES OF LATE FILING (ie LATE PENALTIES AND LOSS OF AUDIT EXEMPTION) ARE VERY SERIOUS.

For more information, click on https://www.cro.ie/Annual-Return/Missed-Deadlines


MANDATORY EFILING OF CERTAIN SUBMISSIONS WILL BE INTRODUCED BY THE CRO FROM 1ST JUNE 2017

SI 458 of 2016 - Companies Act 2014 (Section 897) Order 2016 has been signed into law by the Minister of Jobs, Enterprise and Innovation. The SI comes into effect on 1st June 2017. Mandatory electronic filing will apply to the following submissions from this date:

  • B1 Form - Annual Return (including financial statements and electronic payment)
  • B2 Form - Change of registered office
  • B10 Form - Change of director and/or secretary, or in their particulars
  • B73 Form - Nomination of a new annual return date

These changes will directly affect the company of which you are a director. As every company is obliged to file a B1 every year, it is imperative that any company, whose Annual Return Date (ARD) is after the 31st May 2017, familiarises themselves with the online process ahead of their ARD.

Link to CORE (Companies Online Registration Environment) https://core.cro.ie/

CRO are working on an information campaign to notify companies of the new efiling requirements.

CHRISTMAS 2016 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                     2 DECEMBER 2016
Fé PHRAINN SCHEME                  8 DECEMBER 2016
A1 ON LINE SCHEME                  14 DECEMBER 2016
CHANGE OF NAME                       8 DECEMBER 2016
REREGISTRATIONS                      8 DECEMBER 2016
COMPANY NAME                         19 DECEMBER 2016
RESERVATIONS


RESTORATION - 1st DECEMBER 2016

From 1st December 2016, where a company is being restored an extra step may be required prior to the restoration of the company.

Private company limited by shares incorporated under the previous Companies Acts and dissolved prior to the end of the Transition Period, unconverted to either an LTD or DAC limited by shares company, will result in the restoration of such a company as a private company limited by shares under Part 2 Companies Act 2014 (LTD company).

Guarantee and unlimited companies – Name change required
Parts 16, 18 and 19 Companies Act 2014 impose company name requirements on certain company types, namely private guarantee companies (Part 16), public guarantee companies (Part 18) and unlimited companies whether private or public (Part 19).

On restoration of such a company, the Registrar is obliged to apply the company name requirement and the name of the company will be altered. Restoration and company type webpage.  A new certificate of incorporation will issue to affected companies via email.


ANNUAL RETURN - INSURANCE BROKERS

It has come to the attention of the Registrar of Companies that certain Insurance brokers may not be acting in compliance with their obligations as set out in the Companies Act 2014, to file a full set of financial statements in the Companies Registration Office, with their annual return.

Section 350 of the Companies Act 2014 sets out the qualifying criteria for small and medium sized companies who wish to claim an abridgment exemption from filing full accounts under the terms of section 352 of the Act.

However, it should be noted that Section 350 subsection 11 (b) of the act excludes certain types of companies from claiming this exemption. Provided for in Section 350.

Section 350 (11) (b) provides:
“This section shall not apply to a company if it is-
(a) ……
(b) A company falling within any provision (in so far as applicable to a private company limited by shares) of Schedule 5.”

Therefore, as Schedule 5 companies cannot qualify as small or medium companies under the terms of section 250 they cannot claim either an abridgment or audit exemption under the terms of section 352 and 358 of the Act

Schedule 5 to the Companies Act 2014 lists companies which are excluded. These include at sections 15 and 17 of the Schedule the following: “15. Any other company the carrying on of business by which is required, by virtue of any enactment or instrument thereunder, to be authorised by the Central Bank.
16 …
17. A company that is an insurance intermediary within the meaning of the Insurance Act 1989.”
Please note that as an Insurance Broker cannot claim either the audit or abridgment exemptions as provided for in Section 352 and 358, they must, therefore, file full audited accounts at all times.

CRO ACCOUNT HOLDERS

CRO Account holders should ensure that there is sufficient money in their account to cover the transaction before submitting their documents.


CONTACTING CRO'S CARLOW OFFICE DURING NOVEMBER

This year, in addition to dealing with the usual peak filing of annual returns in November, the Carlow office will also be
responsible for processing applications from companies to be converted to a new company type (LTD or DAC) before the 18 month transition period ends on 30 November.

In the exceptional circumstances pertaining this year, it would be appreciated if instead of telephoning the Carlow office, customers seeking information or assistance could send an e-mail to one of the following e-mail addresses, please:

Annual Returns: crocarlow@djei.ie  
e-B1 queries: eb1@djei.ie  
Conversions: conversions@djei.ie  
Business Names: rbn@djei.ie  
District Court: dcet@djei.ie  
Credit Card Refunds: epayments.cro@djei.ie  
Customer Accounts: cro.customer.accounts@djei.ie  

Current processing Dates

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