CRO audit exemption restored by courts

Y

Yazoo

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Hi. Has anyone attempted to have their audit exemption restored by courts?
I missed my annual return date. I'm considering taking this route now but its very difficult to find any information about it.

Unfortunately I can't afford full 2-years audit + penalties. The quotes I'm getting do not match the balance of my wallet so I have two options now: go through courts or just let the company be shut down by the CRO.... :(

It is a healthy company with no debts or taxes due. Unfortunately it lost a revenue about a year ago.

So has anyone tried that? Any luck? How long does the process take?
 
Yes I did this last year.

You need need to apply to the court. Get application forms from CRO website, fill them in, get them stamped in the court office, pay the fee, €90 as far as I remember.

The CRO staff were very helpful on the phone, and the court office staff were equally helpful explaining how to get the forms stamped.

It very simple, you need to explain why you were late, but the court will accept that you were busy and forgot basically.

You need to inform the CRO that you are applying and then inform them of the decision.

Its all in leaflet 39 on the CRO website.

http://www.cro.ie/Annual-Return/Missed-Deadlines

It tool 6 weeks from submitting the forms to the court to getting the order.

The only issue is that a solicitor needs to represent you in court when the case comes up. It appears that you cannot represent yourself in this case. In my case I did everything for the solicitor he just confirmed the application in court. I had it all arranged with my regular solicitor, he contacted some other solicitor who was in court that day and acted for him.
 
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cremeegg

That is very interesting. I had not known it was possible.

How much did it all cost you?
How late were you?

Brendan
 
You need the following forms, which you can download from CRO

You must notify CRO that you are making this application

Form: 93B.1 Notice of application for order extending the time in which annual return may be delivered to the registrar of companies
Form: 93B.2 Affidavit supporting application for order extending the time in which annual return may be delivered to the registrar of companies
Form: 93B.3 Order extending the time in which annual return may be delivered to the registrar of companies

Fill them in and bring to the court office. Cost €90 as far as I remember to get them stamped by the court office.

You are notified of a date for the hearing. You must have a solicitor represent the company.

The court accepted my very poor excuse for not having filed on time, I understand that they are never refused unless there is some objection.

You then must notify the CRO that you have received the order.

You can do all the work yourself, if you are willing to wade through and complete the forms. You just need the solicitor to say "here" in court.

Im my case I was a year and a half year late, so 18 months and 6 months. I had to apply for two extensions, all on the one set of forms.
 
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