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Ireland, Right Place Right Time – Support from the IDA

Posted in Category(ies): Latest News

 

 

Ireland itself is seen to be in the top ten countries in the world for innovation with the highest population of Science and Engineering Graduates in the OECD. 

Companies considering Ireland as a potential location will have no difficulty amassing substantial information on the benefits of locating and working in Ireland.  The challenge is to find an efficient way through that labyrinth of seemingly contradictory material.

One of the first ports of call should be the IDA – Ireland’s inward investment promotion agency – which actively promotes and support Foreign Direct Investment into Ireland. The IDA will help companies considering setting up or investing in Ireland by facilitating Site visits, access to Universities, provide Advice, etc.

Apart from having IDA contacts in Ireland itself, the IDA has representatives around the world ensuring decision makers in Global Head Offices can access onsite visits and clear data on the benefits of locating in Ireland.

 The IDA highlights some interesting facts on businesses located in Ireland, and reasons why.

  • 17 of the top 20 global software companies
  • 14 out of 15 top medical tech companies
  • 20 out of 25 top financial services companies
  • 10 out of 10 top pharma companies
  • 8 out of 10 top industrial automation companies
  • 9 out of 10 top global software companies operate in Ireland
  • 3 of 5 top games publishers based in Ireland
  • 25% tax credits for Research & Development

Do not take our word for it, visit the IDA website https://www.idaireland.com/ and see for yourself.

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Guidance for Charities on the promotion of Political Causes

Posted in Category(ies): Charities

  The Charities Regulatory Authority recently published a guide for Charities which describes the limitations of a charity’s promotion of political causes.

The guide states that the promotion of a political cause is acceptable on condition that the promotion directly relates to the advancement of the charitable purpose of the Charity.

It is recognised that on occasion, Charities need to engage in activities such as influencing policy or advocating change to legislation to support their charitable purpose. However, the promotion cannot be contrary to the charity’s constitution nor can the charity support a political candidate or a political party.

Permitted Activities

The guide provides clear examples to help Charity Trustees understand the kinds of actions that may or may not be permitted.

A political speaker at a charitable event is permitted on condition that it is the event and not the politician is being promoted.

Another example of a permitted activity is where a charity organises a march to Leinster House to encourage additional funding for integrated projects which advances the charity’s charitable funding.   This is permitted because the purpose of the march is to get more funding to promote good community relations, which in turn advances the charity’s charitable purpose.

Prohibited Activities

The guide refers to a fictional charity which provides its resources (a hall)  free-of-charge for use by a  political candidate for a fundraising event. This is not permitted because allowing a political candidate free use of the hall is not promoting the charity’s objects; and, secondly, it is conferring a private benefit to the political candidate. However, there would be no issue if the charity charged the political candidate its standard rate for hall hire, thereby raising funds for the charity.

The second example provided describes a charity which was set up for the purpose of advancing sustainability. This charity could not have campaigned for a ‘yes’ vote in respect of the 34th amendment of the Constitution, (same-sex marriage). The reason this would not have been permitted is that this activity is not directly related to the charitable purpose of the charity.

Lobbying

The guide also refers to the lobbying activities and highlights that charities need to ensure that if lobbying they need to comply with the Regulation of Lobbying Act 2015.

The Register of Lobbying is web-based and is maintained by the Standards Commission. Further information on the Regulation of Lobbying Act 2015 and the role of the Standards Commission can be found at www.lobbying.ie

 

 

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Key dates during 2018

Posted in Category(ies): Latest News

 

Key dates during 2018

 

Month                        To Do

January                      02.01.2018 – drink coffee, organise desk 

                                    19.01.2018 – file Annual VAT 3 Return and Return of Trading details

                                    28.01.2018 – Global International Data Protection Day

 February                    01.02.2018 – CAO applications deadline

                                     08.02.2018 – Commencment of Companies (Accounting) Act 2017

 March                        17.03.2018 – St. Patrick’s Day wear Shamrock & large green hat

                                     21.03.2018 – Local Property Tax deadline (if paying full amount in one go)

                                     Quarterly Board Meeting – issue Agenda and Board Pack 

 April                            01.04.2018 – Easter Day

                                      02.04.2018 – Easter Monday recover from too much chocolate

                                      April – introduction of sugar tax, such timing!

                                      Audit – do not forget to ensure someone has engaged Auditors  

 May                             07.05.2018 – May Day

                                      25.05.2018 – General Data Protection Regulations goes live

 June                             04.06.2018 – Bank Holiday

                                       Quarterly Board Meeting – issue Agenda and Board Pack

 July                               July – Possible publication of Five Year Pension Reform Plan

 August                         06.08.2018 – Bank Holiday

                                       Last chance – go on holidays!

September                   23.09.2018 – Corporation Tax Return deadline for filing CT Return

                                       30.09.2018 – Annual Return Date for bulk of companies

                                       Quarterly Board Meeting – issue Agenda and Board Pack

October                        28.10.2018 – Annual Return deadline for electronic filing

                                       29.10.2018 – Bank Holiday

                                       October 2018 – Budget Announced

November                   Pension – consider topping up personal pension

December                    Quarterly Board Meeting – issue Agenda and Board Pack

                                       25th December 2018 – do not forget to put Turkey in the oven

 

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Commencement of Companies (Accounting) Act 2017

Posted in Category(ies): Latest News

Do not be fooled by the title, this Act is not just for Accountants.  

The Companies (Accounting) Act 2017 was commenced on 08.02.2018 by means of S.I. 34/2018.   At first glance, with around 80 amendments to the Companies Act 2014 it looks more like an Act intended to clarify and qualify misconceptions or unintended errors arising since publication of the Companies Act 2014.

However, there are some excellent nuggets hidden in the Act not least of which is:

  1. expansion of qualifying conditions to qualify as a Small Company; and
  2. introduction of the concept of a Micro Company.

 

Small Company

S.280(a) now classifies a Small Company as one fulfilling two of the three following requirements.

o   Turnover                                                               – does not exceed €12m [up from €8.8m]

o   Balance Sheet total                                           – does not exceed €6m [up from €4.4m]

o   Average number of employees                    – does not exceed 50 [no change]

 

Micro Company

S.280(d) introduces the concept of a Micro Company where it fulfils the following.

o   Qualifies for Small Companies regime

o   Fulfils two or more of the following
(a)       Turnover                                                   – does not exceed €700,000

(b)      Balance Sheet Total                              – does not exceed €350,000

(c)       Average number of employees       – does not exceed 10

  

The change in Small Company and introduction of Micro Company have knock-on effects to the Companies Act 2014.  For example, substitution of S.352(1) dealing with exemption from filing certain information, and introduction of a new S.305A dealing with payments to third parties for services of directors.

 

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5 Reasons to do business in Ireland

Posted in Category(ies): Latest News

5 Reasons to consider doing business in Ireland

 

Photo by Stephen Bergin on Unsplash

 

1.      Ireland has been ranked as one of the best countries for business by Forbes Magazine.

  In addition, the IMD World Competitiveness 2017 Yearbook ranked Ireland;

 

         – 1st in the world for investment incentives for foreign investors

         – 1st in the world for labour flexibility and adaptability of the workforce

         – 2nd most competitive country in Eurozone

 

2.      Native English Speakers

 Post-Brexit, Ireland will be the only native English-speaking member in the EU with access to the European Market of 500 million consumers.

 

3.      An unrivalled Hub for Foreign Direct Investment

 In 2017 Ireland was named the best country in the world for attracting high-value foreign direct investments for the sixth year in a row. Many of the world’s

 high performing global companies are doing business in Ireland including Google, Facebook, Paypal, Intel, Twitter, Pfizer, Citi, Huawei and Novartis.

 

4.      Well Educated Workforce

 Ireland’s workforce is well educated, flexible and adaptable. Ireland also has the highest proportion of science and engineering graduates in the OECD.

 

5.      Attractive Tax Regime

  Ireland offers 12.5% corporation tax and 25% R&D Tax credit and other taxation benefits. The country also has exceptional intellectual property (IP) 

  and holding company regimes.

 

For facts about Ireland, click IDA Facts about Ireland

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Involuntary Strike Off – Some Questions Answered

Posted in Category(ies): Strike Off

 

We’ve put together some of the most commonly asked  questions  from clients in relation to Involuntary  Strike Off.

  

What is an Involuntary Strike-off?

This means the Companies Registration Office (CRO) strike a company off the Register and technically, the Company no longer exists.

We aren’t trading, can I just let the Companies Registration Office do the strike-off and save myself money?

Don’t be tempted! You run the risk of prosecution and Director Disqualification.  

Can the Company continue trading if the company has been involuntary struck-off?

No, and there can be very serious repercussions for companies that continue to trade while struck off.

How are Companies Registration Office dealing with non-compliance?

The CRO confirmed in October 2017 they are introducing a programme of prosecutions for companies who are late with filing. Frequent late filers are likely to be targeted first.

What are the fines for late filing?

  •          CRO late filing fees, are capped at €1,200 per Annual Return.
  •          Directors risk being disqualified for up a period of 5 years.
  •          If convicted; the maximum fine is €5,000 and/or up to 6 months imprisonment per offence.

What do I do if I get a summons?

You will have to appear in Court, pay any outstanding penalties and bring your filings up to date.

What other Grounds are there for Strike-off besides Late Filing:

The CRO can strike off a Company because of liquidator related issues, if request by Revenue and where no company directors are on record in the CRO.                                                 

What is the process for Involuntary Strike off?

The process takes a few months, CRO first a reminder, followed by a statutory notice, and then publishes notices in the CRO Gazette. If after all these stages, relevant filings and fines are not paid – the company is dissolved.

Is it possible to have a company restored to the register after involuntary strike-off?

It is possible to have a Company restored to the Register, but this can be very costly exercise, especially if an application to the High Court is necessary.  You also need to factor in the costs of paying late filing fees, filing outstanding Annual Returns and Financial Statements. 

Conclusion

Ensure Annual Returns are filed on time to avoid involuntary strike-off and unnecessary fines.

 

If you have any questions on any aspect of striking off your Company please free to contact either Van Geraghty or Kathryn Maybury at KomSec Limited on +353 1 210 7595 or email your enquiry to info@komsec.ie.

 

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Board Diversity – how diverse are you?

Posted in Category(ies): Boards

A Board should challenge itself, and its Management Team. It should actively review, question, explore potential flaws, exploit current and future potential of the Company. The greatest threat faced by any Company is not political or economic but, complacency. Having a diverse Board should be a key tool to ensure complacency does not exist or creep into a company structure unseen or, unchallenged.

Board Diversity should embrace all diversity in order to maximise its own potential, for example:

o   gender – a no brainer, society consists of different genders, why would a Board not reflect the realities of society;

o   ageism – maintaining a balanced age profile on a Board provides experience and fresh thinking;

o   occupation – Director occupations can bring an imbalance to a Board, e.g. the majority of individual Directors on the Board of an engineering company should not be engineers;

o   length of service – staying too long on a Board can, in some cases, end up being a little like a guest who is enjoying themselves so much they do not realise they are no longer as entertaining as they once were!

Appointing an individual simply to “fit” whatever is the current hot topic for Board Diversity is insulting to the individual, and an utter waste of time for the Board, Management and the Company itself.

Boards must willingly embrace the concept of diversity in all its guises, and support the individual Directors, and the Company adapt to the change in Board dynamics.

Board diversity is for the long haul, there are no shortcuts but, like anything that is hard work the results should be worth waiting for.

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Happy Christmas – donation to the Kevin Bell Trust

Posted in Category(ies): Latest News

 

 

 

KomSec Limited will be closed from 24.12.2018 to 02.01.2019 inclusive.

 

Everyone in KomSec Limited wishes you all a very Happy Christmas, and hope you have a contented time with your family and friends.

Our families seem even more important at Christmas.  Sadly though people die regardless of the season.  When that death happens overseas it adds an unexpected burden of logistics, costs, and bureaucracy to an incredibly emotional time. 

This year KomSec Limited has made a contribution to the extraordinary Kevin Bell Trust which helps alleviate the financial burden of repatriating a family loved one.

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Learning Portal for Charity Trustees

Posted in Category(ies): Charities

The Charities Regulatory Authority has introduced a “Trustee Learning Portal” to provide training to help Trustees understand their legal obligations.

The first course “Guidance for Trustees” is online and takes approximately 40 mins to complete. The content covers the material from their guidance booklet of the same name. Try it for yourself, https://trusteelearning.ie/.

Despite the limitations of online learning, there are numerous advantages; the course is free, convenient, flexible and delivers quality information to a large cohort of Trustees in Ireland fully online.   

We can look forward to the introduction of additional courses over the coming months to support Trustees in getting to grips with governance requirements in the Charity Sector.

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CRO Christmas Deadlines

Posted in Category(ies): Companies Registration Office

CRO CHRISTMAS DEADLINES

December is often a frantic month as everyone juggles Christmas presents and clearing their office desks.

KomSec cannot help with the Christmas presents but, we can help you clear any outstanding filing requirements you may have before Christmas.  Just remember, the CRO will not guarantee processing any submissions received after the following dates.

 

  Company Incorporations                        11th December         

  Change of Name                                       11th December

  Reservation of Company Name             19th December

 

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