Written answers

Tuesday, 8 May 2018

Department of Jobs, Enterprise and Innovation

Company Law

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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229. To ask the Minister for Jobs, Enterprise and Innovation if the Minister for Justice and Equality and-or the President of the High Court and the Courts Service of Ireland have been consulted with regard to the implications on the resources of the Judiciary and the Courts Service of Ireland in respect of the Companies (Statutory Audits) Bill 2017 as the transfer of these District Court cases to the High Court will cause a huge backlog in the High Court; and if she will make a statement on the matter. [20186/18]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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231. To ask the Minister for Jobs, Enterprise and Innovation her plans with regard to the result that is being sought in the proposed amendment pursuant to section 9 of the Companies Statutory Audits Bill 2017 whereby companies will be still permitted to seek a waiver of late filing fees and extend their annual return date and not lose audit exemption on the same basis as is contained in section 343 provided they satisfy a High Court judge that it is just to do so and that the application be made in the High Court rather than the District Court. [20188/18]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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232. To ask the Minister for Jobs, Enterprise and Innovation if the intention of the proposed amendment in section 10 of the Companies Statutory Audits Bill 2017 is to allow a company that is late seek a waiver on its late filing fees only and that the District Court is not empowered to extend the annual return date or allow the company available audit exemption section 10. [20189/18]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 229, 231 and 232 together.

Section 9 of the Companies (Statutory Audits) Bill 2017 removes the possibility of a company to apply to the District Court for an extension of its annual return date. Applications may continue to be made to the High Court. The High Court may extend the time for filing of the annual return if it considers the making of such an Order to be 'just' in the circumstances of the application. If a company is granted such an Order, it will not lose its entitlement to an audit exemption. I have no plans to propose amendments to this element of section 9.

Section 10 of the Companies (Statutory Audits) Bill 2017 proposes to insert a new section 343A into the Companies Act 2014. The effect of this is to introduce the possibility for a company who files its annual return late, to apply to the District Court for an Order waiving the fee for late filing. In such circumstances the company's entitlement to the audit exemption would be lost. I signalled at Committee Stage that I will be tabling amendments to this provision at Report Stage.

The Courts Service is actively consulted with by officials in the Department on any matter that relates to the Courts. The Registrar of Companies will continue to be a notice party for applications to the High Court. Her Office and the Department will keep the possibility of a backlog under review.

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