2018 Ezine Newsletter

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CRO Newsletter February 2018

Companies will not be given 14 days where B1 is not signed

From 1st April 2018, B1’s will be automatically rejected where the B1 signature page or overall certificate is not signed or if it has only one signature. The Registrar will no longer use her discretion under Section 898 of the Companies Act 2014 in these cases and will not allow 14 days for the amendment required.

A new annual return must be captured, financial statements uploaded and a new signed signature page delivered to the CRO. Where this new annual return is more than 28 days after the company’s Annual Return Date the B1 will be late.

Annual Return late if financial statements not uploaded

From 1st April 2018, Financial Statements must be uploaded prior to sending in a signed signature page to the CRO. If a signature page is received and there are no financial statements uploaded then this annual return will be rejected. Companies will not be given 14 days to upload the financial statements.

Reminder - Annual Return late if financial statements uploaded late

A reminder that if you upload your financial statements after the 28 day period allowed following the capture of the B1 online, then your full annual return is late and you will be charged a late filing penalty and, where relevant, lose your audit exemption for two years.

Requests to return an Annual Return

Where a company or a presenter rings the CRO and requests that an annual return be returned prior to the CRO receiving the signature page this request will not be facilitated if within 3 days of the delivery date on the signature page.

Cheques will no longer be accepted for Customer Accounts

From the 1st June 2018 the CRO will no longer be accepting cheques as a method of payment to top up a Customer Account. The use of cheques is being phased out, this began with the removal of this option when filing a B1 Annual Return. A Customer Account can be topped up by Credit Card or through an Electronic Funds Transfer (EFT) provided that you put your Customer Account number as a reference on the EFT and you notify us by email that such a transfer has occurred.

Launch of Central Register of Beneficial Ownership

The Department of Finance has advised that a Statutory Instrument is expected to be made in the coming months assigning separate legal responsibility to the Registrar of Companies for the establishment and maintenance of the central register of beneficial ownership of companies and industrial and provident societies (I&Ps).

Legal and technical work to launch this register as required by the 4th Anti-Money Laundering Directive is at an advanced stage. The Department of Finance has indicated that it is currently on track to have the beneficial ownership elements of the 4th Directive transposed by end Q1 2018.

It is still envisaged that there will be an extended time-frame for companies and I&Ps to make their beneficial ownership filings which will commence after the anticipated launch of the register. 
Queries in relation to beneficial ownership can be sent to: aml@finance.gov.ie  

Statutory Instrument No 560 of 15 November 2016, which required all corporate and legal entities to hold adequate, accurate and current information on their beneficial owner(s) in their own register, can be found at: http://www.irishstatutebook.ie/eli/2016/si/560/made/en/print.

Further information on the central register of beneficial ownership can be found at: https://www.cro.ie/Registration/Beneficial-Ownership  

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