Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context

Question 117: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the reason the Companies Registration Office is not in a position to accept the annual return in respect of limited companies prior to the NRD date; her views on whether it would be better to encourage companies, on completion of their accounts, to submit the accounts to the Companies Office, the Revenue Commissioners and so on rather than inconvenience companies and their advisors by having to address the issue at a later date; and if she will make a statement on the matter. [24161/08]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

In general, the Companies Registration Office (CRO) is in a position to accept an annual return in respect of a limited company in advance of that company's statutory annual return date.

An exception is in respect of a new company filing its first annual return, as the first return is required under the Companies Acts to be made up to the date which is six months after the company's date of incorporation. No accounts are required to be attached to a company's first annual return.

Subsequent annual return dates for the company will fall on the anniversary of that first annual return date, unless the company alters its annual return date. A company may, if it wishes, make any subsequent annual return up to a date that is earlier than its statutory annual return date — the requirement under the legislation is that a company make the return up to a date "that is not later than its annual return date". If a company wishes to alter its annual return date for future years to the earlier date to which it has made up its current year's return, it may do so. Alternatively, if the company wishes to retain its original annual return date in respect of future years, notwithstanding the earlier filing of the current year's annual return, it may do so by notifying CRO of this on the annual return form. Accordingly, companies, on the completion of their accounts may, if they wish, submit those accounts to the Companies Registration Office with their annual return, notwithstanding the fact that the company's NARD may be at some remove.

This has been the position since 17 May 2004, when section 127 of the Companies Act 1963 (inserted by section 60 of the Company Law Enforcement Act 2001) was amended by section 46 of the Companies (Auditing and Accounting) Act 2003 and is subject to the requirement of section 125 of the Companies Act 1963 that every company shall make a return at least once in every calendar year.