Written answers

Tuesday, 1 December 2020

Department of Trade, Enterprise and Employment

Ministerial Correspondence

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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138. To ask the Minister for Trade, Enterprise and Employment if he will address the concerns raised in correspondence (details supplied) with the Companies Registration Office; and if he will make a statement on the matter. [40245/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Registrar of Companies is a statutory role and the Registrar is independent in the exercise of this function.

The Registrar has taken several decisions in the period since March 2020 to assist companies with the filing of annual returns due to challenges arising from the Covid-19 situation. I understand that the specific cases relevant to the Deputy’s question relate to companies filing annual returns that have an annual return date before 30th September 2020. Such companies had until 31st October to file the Form B1 online and the remaining elements of the annual return would be accepted if delivered to the Companies Registration Office by the date indicated on the signature page i.e. 28 days from the B1 filing date.

The responsibility for delivery of the annual return to the Registrar lies solely with the Company. An annual return that is not received within the specified timeframe is deemed to be late and the Registrar does not have discretion in this area. The only exception being where a company has availed of a time guaranteed delivery service that should have resulted in on-time delivery to the CRO. In such a situation, the company should engage with the CRO and supply appropriate documentary evidence.

An application can be made to the District Court for an extension of time to file an annual return, as provided for by Section 343(5) of the Companies Act 2014. The Court may make an Order extending the time in which the annual return may be delivered to the Registrar. Should the order, be granted there would be no late filing penalties nor, if applicable, a loss of audit exemption. Further information is available in CRO information leaflet no. 39 available on the CRO website www.cro.ie.

I understand that the CRO has been in contact with the relevant entity in relation to the other matter raised, relating to the change of annual return date, and that this issue has been resolved.

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