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Annual Return Date Extension

To avoid involuntary strike off and potentially avoid audit requirements a S.343 application to extend the annual return date is likely most effective route for a company
Where extenuating circumstances contributed to the annual returns not being filed on time, Section 343(5) permits the company to make an application before a District Court Judge for an order extending the time for filing the returns. Annual return extension may be necessary, although as an accountant, you do your utmost to help your clients file their annual returns on time. Unfortunately, for one reason or another, some companies will inevitably miss their deadline and, as a result, face penalties and, where relevant, the loss of their audit exemption for two years. This is something that you will particularly want to avoid, as auditing small and micro entities can be especially challenging, and if your client is reluctant to pay, you may be left facing the financial burden of the audit. Companies late filing their statutory returns and financial statements with the CRO for multiple years may avail of Section 343(5) of the Companies Act 2014 to avoid the penalties and audit-exemption loss.
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Discover how a Section 343 application can help your client navigate these circumstances and secure additional time. Find out more about ho they can avoid penalties and audit-exemtion loss.
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Discover how a Section 343 application can help your client navigate these circumstances and secure additional time. Find out more about ho they can avoid penalties and audit-exemtion loss.
What is a Section 343 Application?

At OmniPro Corporate Consultants, we can help by managing this process from start to finish on behalf of your client.

The process is as follows:

  • The company has missed its annual return date(s) and not filed the late return(s)
  • If one return is late in a 5 year period, they may fall under S.22 CA2024
  • The directors or agent engage OmniPro to prepare the Notice of Application and Affidavit
  • The affidavit must be sworn in front of a solicitor
  • The Notice of Application is lodged with the District Court and the Affidavit is lodged with the CRO
  • The appeal is heard by a District Court judge, and it can either be granted or rejected
  • If granted, the company is given an extension that allows it to file the annual return that otherwise would have been late. All late filing fees and any audit requirements that were imposed due to late filing of that annual return are also waived
  • When the order has been granted, it will be lodged with the CRO. This order grants an extension to file the annual return and sets out the date by which the annual return and financial statements must be filed with the CRO

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    Enniscorthy Co. Wexford
    Y21 F7P8
  • info@omnipro.ie
  • +353 (0) 539 100 000
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S343 Application

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