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I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by
sections 395
(as amended by the
Company Law Enforcement Act, 2001
(No. 28 of 2001)), and
396
of the
Companies Act, 1963
(No. 33 of 1963), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 (
S.I. No. 305 of 1997
) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order, 1998 (
S.I. No. 265 of 1998
), hereby order as follows:
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1. This Order may be cited as the Companies (Fees) Order, 2001.
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2. (1) Articles 3 and 4 of this Order shall come into operation on 26 October 2001.
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(2) Articles 5, 6 and 7 of this Order shall come into operation on 1 January 2002.
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3. In this Order the “Eighth Schedule” means the Eighth Schedule (as amended by the Companies (Fees) Order, 1997 (
S.I. No. 358 of 1997
), the Companies (Fees) Order, 1999 (
S.I. No. 232 of 1999
) and the Companies (Fees) Order, 2000 (
S.I. No. 63 of 2000
)), to the
Companies Act, 1963
(No. 33 of 1963).
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4. The Eighth Schedule is altered in Part I:
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(a) by substituting -
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“
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(a) Subject to paragraphs (b) and (c), for registration of any document that, by the Companies Acts, 1963 to 2001, is required or authorised to be registered or required to be delivered, sent or forwarded to the registrar, other than an annual return or any other document specified elsewhere in this Schedule or in connection with a change in the name of a company
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£10
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(b) For registration of a document in connection with any change in the situation of the registered office of the company pursuant to
section 113
of the
Companies Act, 1963
, where the data in the document submitted for registration is also submitted to the registrar either by means of the CROdisk electronic filing system or the electronic form filing system in use by the registrar
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Nil
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(c) For registration of a document in connection with any change in the particulars of the directors or secretary of the company or any change in any of the particulars contained in the register of directors and secretaries of that company pursuant to
section 195
of the
Companies Act, 1963
, where the data in the document submitted for registration is also submitted to the registrar either by means of the CROdisk electronic filing system or the electronic form filing system in use by the registrar
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Nil
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”
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for -
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“
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For registration of any document that, by the Companies Acts, 1963 to 1999, is required or authorised to be registered or required to be delivered, sent or forwarded to the registrar, other than an annual return or any other document specified elsewhere in this Schedule or in connection with a change in the name of a company
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£10
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”;
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(b) by substituting -
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“
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For registration of an annual return that is not received by the registrar within 77 days after the date to which it is made up (“the 77 day period”)
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£105.00 plus £2.40 per day for each day on which the failure to file the return continues after the 77 day period, subject to a maximum fee of £975 for each return
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”
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for -
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“
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For registration of an annual return that is not received by the registrar within 77 days after the date aforesaid
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£30
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”.
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5. The Eighth Schedule (as amended by Article 4 of this Order) is altered by substituting the Schedule set out in the Schedule to this Order for that Schedule.
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6. The Companies (Fees) Order, 1997, is amended -
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(a) in Article 4, by substituting “€300” for “£250”, and
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(b) in Article 5, by substituting “€30” for “£25” in each place where it occurs.
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7. The Companies (Fees) Order, 2000, is amended in Article 4 by substituting “€300” for “£250”.
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SCHEDULE
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“EIGHTH SCHEDULE
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Article 5
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FEES TO BE PAID TO THE REGISTRAR OF COMPANIES
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PART I
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Table of Fees
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Section 369.
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Matter in respect of which Fee is payable
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Amount of Fee
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For registration of a company
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€60
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For registration of any existing or other company referred to in section 328 except such companies as are by this Act exempted from payment of fees in respect of registration under this Act
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€60
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For dealing with an application made under
section 6
of the
Companies (Amendment) Act, 1983
(No. 13 of 1983), for the issue of a certificate under that section
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€300
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For registration of documents referred to in section 352 delivered by a company incorporated outside the State
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€60
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For re-registration of a company in any of the ways provided for under the Companies Acts, 1963 to 2001
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€60
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For registration of an annual return that is received by the registrar within 77 days after the date to which it is made up
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€30
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For registration of an annual return that is not received by the registrar within 77 days after the date to which it is made up (“the 77 day period”)
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€130 plus €3 per day for each day on which the failure to file the return continues after the 77 day period, subject to a maximum fee of €1,230 for each return
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For registration of a change in the name of a company
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€60
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(a) Subject to paragraphs (b) and (c), for registration of any document that, by the Companies Acts, 1963 to 2001, is required or authorised to be registered or required to be delivered, sent or forwarded to the registrar, other than an annual return or any other document specified elsewhere in this Schedule or in connection with a change in the name of a company
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€12
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(b) For registration of a document in connection with any change in the situation of the registered office of the company pursuant to
section 113
of the
Companies Act, 1963
, where the data in the document submitted for registration is also submitted to the registrar either by means of the CROdisk electronic filing system or the electronic form filing system in use by the registrar
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Nil
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(c) For registration of a document in connection with any change in the particulars of the directors or secretary of the company or any change in any of the particulars contained in the register of directors and secretaries of that company pursuant to
section 195
of the
Companies Act, 1963
, where the data in the document submitted for registration is also submitted to the registrar either by means of the CROdisk electronic filing system or the electronic form filing system in use by the registrar
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Nil
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For the provision of a certified copy of any matter entered in any register kept in the office for the registration of companies (including the register referred to in section 103)
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€12
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For the making of a record of any fact that, by the Companies Acts 1963 to 2001, is required or authorised to be recorded by the registrar, other than in connection with a change in the name of a company
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€12
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For each inspection of any register kept in the office for the registration of companies (including the register referred to in section 103)
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€3.50
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For the provision of an uncertified copy of any matter entered in a register aforesaid
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€3.50
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For application for a certificate pursuant to
section 44
of the
Companies (Amendment) (No. 2) Act, 1999
(No. 30 of 1999), that a company has a real and continuous link with one or more economic activities that are being carried on in the State
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€30
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For application for a certificate pursuant to
section 45
of the
Companies (Amendment) (No. 2) Act, 1999
, that a company should not be reckoned for the purpose of determining the number of companies of which a person is a director
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€30
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For registration of Notice that a person has ceased to be an officer where the company has failed to file a notice in accordance with
section 195
(6) of the
Companies Act, 1963
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€30
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PART II
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Limitations on operation of Part I
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Where the registrar directs, pursuant to section 23(2), that a company shall change its name, any fee that would, but for this Part, be required to be paid under Part I of this Schedule in respect of the registration of that change shall not be charged, levied or paid.”.
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Given under my hand,
25th October, 2001.
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____________________
Noel Treacy
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Minister of State at the Department of Enterprise, Trade and Employment.
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EXPLANATORY NOTE
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(This note is not part of the instrument and does not purport to be a legal interpretation)
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This Order amends the Companies (Fees) Order, 1997 (
S.I. No. 358 of 1997
), as amended, and the Companies (Fees) Order, 2000 (
S.I. No. 63 of 2000
).
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The Order provides for -
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• a progressively increasing late filing fee where an annual return is not received by the registrar on time;
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• no charge in respect of the registration of certain documents with the CRO where, in addition to submitting a hard copy, the material is also supplied electronically to the CRO; and
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• Euro alternatives to the existing £ denominated fees as and from 1 January 2002.
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