Filing the Annual Return (B1)

Filing of form B1 Annual Return – important points to remember

 

As we enter the peak months of the year for the filing of annual returns, Ray Hunt reminds us of the guidance issued by the Companies Registration Office (“CRO”) in April this year in relation to the filing of the form B1 annual return with their offices:

 

 Companies are not given 14 days where B1 form is not signed 

Since 1st April 2018, B1’s are automatically rejected where the B1 signature page or overall certificate is not signed or if it has only one signature. The Registrar will not use her discretion under Section 898 of the Companies Act 2014 in these cases and does not allow 14 days for the amendment required. 

A new annual return must be captured, financial statements uploaded and a new signed signature page delivered to the CRO. Where this new annual return is more than 28 days after the company’s Annual Return Date the B1 will be late. 

 Annual Return late if financial statements not uploaded 

Since 1st April 2018, Financial Statements must be uploaded prior to sending in a signed signature page to the CRO. If a signature page is received and there are no financial statements uploaded then this annual return will be rejected. Companies do not have 14 days to upload the financial statements. 

 Annual Return late if financial statements uploaded late 

A reminder that if you upload your financial statements after the 28 day period allowed following the capture of the B1 online, then your full annual return is late and you will be charged a late filing penalty and, where relevant, lose your audit exemption for two years. 

 Requests to return an Annual Return

 
Where a company or a presenter rings the CRO and requests that an annual return be returned prior to the CRO receiving the signature page this request will not be facilitated if within 3 days of the delivery date on the signature page.

Ray Hunt is Head of Company Secretarial and Compliance Services at McCann FitzGerald, Dublin.