Denise Mitchell (Dublin Bay North, Sinn Fein)
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225. To ask the Minister for Enterprise, Trade and Employment if the case of a company (details supplied) will be examined to ensure the correct course of action is being followed in this regard. [46250/23]

Dara Calleary (Mayo, Fianna Fail)
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In relation to the filing of annual returns with the Companies Registration Office (CRO), I should clarify at the outset, that the Registrar of Companies is a statutory role and is administratively independent in the exercise of this function.

I am informed that the company in question had an annual return date of 30 September 2022, but elected to file early and made the annual return up to 20 June 2022. As a result, the company had 56 days from that date in which to file the annual return with the Registrar i.e. on, or before, 15 August 2022. The annual return was not filed until 23 August 2022 and is deemed late by law, thereby incurring late filing fees and the loss of audit exemption.

The loss of an audit exemption for the late filing of annual returns is a statutory requirement under section 363(1) of the Companies Act 2014 and there is no discretion possible in this regard. Similarly, the Registrar does not have any discretion in relation to the waiving of late filing penalties.