Obligations to Show Particulars on Headed Paper

Legislation

Section 196(2) of the Companies Act 1963 empowers the Minister for Enterprise, Trade and Employment to grant, subject to certain conditions, an exemption to the requirement to show particulars on headed paper.

Criteria

Applications for Section 196(2) of the Companies Act 1963 exemptions are considered under the following criteria:

• Annual Returns are up-to-date with the Companies Registration Office (CRO);
• A history of frequent changes of director - a minimum of two changes per year in any three consecutive years must be registered with the Companies Registration Office (CRO);
• Headed paper to include the address of the registered office, the place of registration and the registered number;
• A new subsidiary company applying for an exemption, where the parent company already has an exemption, will be granted the exemption provided the parent company has kept its returns up-to-date with the Companies Registration Office (CRO).

Application

Applications should be made in writing to the Company Law Administration Section. For contact details, see Contact the Company Law Administration Section.

A sample of the company's current headed paper must be included with the application. The headed paper must show:

• the company's full name;

• the names and any former names of the directors;

• the nationality of directors if not Irish;

• the address of the company’s registered office;

• the company’s place of registration and

• the company’s registered number.

Processing the Application

The application is examined in the Company Law Administration Section against the criteria outlined above.

When an exemption is being granted, a standard letter issues to the company advising that the exemption granted is subject to certain conditions.

Right of Appeal

The applicant can reapply when the criteria, as laid down, has been met.

Exemptions are granted subject to the following conditions

• That the exemption may be withdrawn at any time the Minister so decides.
• That all business letters of the company show the address of its registered office, place of registration and its registered number;
• That all changes in the names of directors are immediately notified to the Companies Registration Office (CRO);
• That the exemption is granted for a ten year period, at the end of which the "exempt" company is required to show that there is a continuing justification for such exemption, otherwise the exemption will lapse;
• That Annual Returns are lodged on time with the Registrar of the Companies;
• That all business letters of the company should contain, in legible characters, the following alternative statement:
  "An up-to-date list of the names of every company director, containing the particulars indicated in paragraphs (a), (b) and (c) of Section 196(1) of the Companies Act 1963, is available from the company’s registered office”.