Missed your Annual Return deadlines with the C.R.O.?Brian Moloney
Missed your Annual Return deadlines with the C.R.O.? There is a District Court procedure which allows for an application to extend time to file your Annual Returns.
Failure to file an annual return on time with the CRO can have serious consequences for a company such as the imposition of the late filing penalty, prosecution of the company and/or its’ directors, the loss of the audit exemption for two years or the possible involuntary strike-off and dissolution of the company. The most frequently penalty, at least initially, is the loss of audit exemption which can be a costly and time consuming penalty.
Previously an application to the High Court was required. Now however, under section 343 of the Companies Act 2014, applications for an extension of time to file an annual return may be made to either the High Court or to the District Court.
This came in to effect on from June 1st 2015. By allowing the applications to be made to the District Court there is a huge cost saving to the company of using a Solicitor and applying to the District Court. Moloney & Associates will act as Solicitor to the company. If the Order is granted the company will not face two years of audit fees and the late filing penalties.
The Court may, if it is satisfied that it would be just to do so, make an Order extending the time in which the annual return of the company, in relation to a particular year, may be delivered to the Registrar of Companies.
Where the Court makes an Order extending the time to file, the company, or more usually its’ solicitor, must deliver a certified copy of Order to the CRO within the time period specified in the Order, usually within 28 days of the Order being made. Once the CRO have processed the Order it is open for the company to have its’ Annual Returns filed.
This must be done within the time period specified by the Court Order, usually 28 days.
That annual return will be deemed by the CRO to have been received on time and the consequences of late filing (late filing penalties / loss of audit exemption etc) will not apply to that annual return.
Moloney & Associates, Solicitors, are based in Limerick City and are experienced in the new procedures.
- Draft the Affidavit. Your accountant will need to provide us with the missing returns.
- Draft the Notice of Application.
- File a certified copy of the Application with the CRO in advance of the application date as is required. Obtain the required letter from the CRO confirming that they have been put on notice.
- Appear in court and make the application.
- Take up the Order of the Court, if granted.
- Serve a Certified Copy of the Court Order on the CRO
We will do so for a fixed Solicitors Professional fee.
We can be contacted as follows;
email:- firstname.lastname@example.org or by telephone 061 316758.