Enda Kenny (Mayo, Fine Gael)
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Question 413: To ask the Minister for Enterprise, Trade and Employment if the annual returns can be filled on-line; if new companies can be registered on-line; and if he will make a statement on the matter. [10086/06]

Michael Ahern (Cork East, Fianna Fail)
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At present, annual returns for companies can be filed wholly electronically in the Companies Registration Office. However, it is necessary to use a software package to avail of that facility. A recent development is that companies have been able to appoint electronic filing agents since 1 December 2005. The further development of the on-line annual return facility is at an advanced stage and will be launched by mid 2006.

Regarding the registration of new companies, it is currently possible to file company incorporation documents electronically with the Companies Registration Office by using CRODISK. However, CRODISK requires the paper application form to be filed in addition to the electronic version. The paper application form contains various signatures, including a statutory declaration of compliance which is necessitated by section 5(5) of the Companies (Amendment) Act 1983 and section 42(2) of the Companies (Amendment) (No.2) Act 1999. Statutory declarations were expressly excluded from the ambit of the Electronic Commerce Act 2000. A statutory declaration must accordingly be in written format, as this is required by the 1983 Act.

The company law review group's first report included recommendations to facilitate easier registration of new companies and to facilitate electronic communications with customers by the Companies Registration Office. Those recommendations must be implemented to facilitate electronic filing of documents with the Company Registration Office, including on-line company registration.

It is expected that the recommendations will be given effect by the Companies Consolidation and Reform Bill. I expect that the Bill will be published at the end of this year, and enactment is anticipated in 2007.