District Court Application to restore lost audit exemption

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.

To make an application a company must appoint a Barrister or a Solicitor as it may not represent itself. The application must be made to the District Court where the location of the Registered Office is. A company that may wish to have their application heard in the Dublin District Court for reasons such as familiarity can opt to change their registered office prior to the application and then change it back to its original address after the order has been issued. It is important to note that any company that has been struck off the register  cannot proceed with this application.

District Court Application procedure:

  1. Complete order form (This can be emailed to you on request)
  2. The application is made to the Court to receive a date for the hearing.
  3. A copy of the Affidavit and Notice of Motion is served on the Companies Registration Office who in turn, release their Letter of Consent.
  4. The Affidavit and Declaration of Service is filed before the Court Date
  5. When the Order is granted, it is filed with the Registrar of Companies and the company has 28 days to deliver their Annual Return/s and Accounts to the CRO of the new extension date.

For more information on the District Court Application or to proceed with an application, please do not hesitate to contact the experts in Company Bureau on +3531 646 1625 or email cosec@companybureau.ie. You can also fill out a contact form on our website and an expert will be in touch as soon as possible.