Annual returns which are filed late with the CRO incur a late filing penalty of €100 with effect from the expiry of the company’s filing deadline, with a daily penalty of €3 accruing thereafter, up to a maximum of €1,200 per return.
In addition to the late filing penalty, the Registrar of Companies is empowered under law to take a number of enforcement measures in respect of those companies that file late. However, a number of companies are repeatedly paying late filing penalties and therefore, the severity of the enforcement measures employed by the CRO in respect of a company relate directly to that company’s annual return filing compliance history in respect of the two most recent years.
The Companies Act 2014 has introduced a District Court Application under section 343 for companies who have missed or know that they may miss their filing deadline for their annual return. The Application can eliminate the need for a company to pay late filing penalties and also allows the company to retain their Audit Exemption which is otherwise lost for 2 years.
If your ARD date was after the 1st of May 2015, we can submit an application to the District Court to extend your filing deadline.
Once we commence the process and obtain a return date in the District Court and serve the relevant section in the companies registration office, a block is placed against any further enforcement strike off action by the CRO until the District Court application process is finalised.
Please contact Carol Walker,
at email@example.com or (+353) 1 679 7920 for more information.