False Filings

Posted in Category(ies): Companies Registration Office, Latest News
Kathryn-Maybury
A post by Kathryn Maybury | Managing Director | KOMSEC Limited | Company Secretarial Services | Corporate Governance | Compliance | Tel: +353 (0) 1 2107595 Email: kmaybury@komsec.ie  

We have seen some instances of intentionally false statutory forms being filed in the Companies Registration Office (CRO).  In one instance, the falsely filed statutory form attempted to appoint an individual as director of a company.

Why is it false?  Simply, the individual being appointed “director” has no relationship whatsoever with the company, and the form is filed without the consent or knowledge of the company.

One reason for trying to pass an individual off as a Director of a company could be to give tat “false director” a perceived legitimacy to support fraudulent activities such as financial fraud or even human trafficking.

We all think it cannot happen to us but, it does!  KomSec maintains a watch list on all our clients so that we know immediately when a filing is made for a client company.  That triggers an immediate check to ensure the filing is legitimate and, in those rare instances where it is not, enables us help our clients to be pro-active, notify the CRO and preserve the company’s filing integrity.

Posted on by | Kathryn-Maybury

CHARITY CORPORATE HEALTH CHECK

Posted in Category(ies): Charities
Kathryn-Maybury
A post by Kathryn Maybury | Managing Director | KOMSEC Limited | Company Secretarial Services | Corporate Governance | Compliance | Tel: +353 (0) 1 2107595 Email: kmaybury@komsec.ie  

There can be so much going on in our day-to-day job of operating and managing a charity taking time to review the corporate compliance can sometimes, with the best will in the world, get pushed down our ever expanding “to do list”.

As a starting point why not run a corporate health check on your charity by asking the following questions.  Some of them may seem obvious but, all of them are issues KomSec sees regularly in practice.

  • Charities Regulator’s Register – is the information filed with the Charities Regulator accurate and, does it match with what has been filed in the Companies Registration Office?
  • Compliance Record Form – does the Board review, update and approve the Compliance Record Form on an annual basis?
  • Accounting Records – is a “competent and reliable person” maintaining your charity’s accounting records, allowing for an accurate financial snapshot at any time?
  • Board Meetings – does your charity maintain and have the Chair sign Board Minutes noting attendees, proceedings and resolutions?
  • Annual General Meetings (AGM) – are members issued with copies of the signed Notice of AGM and Financial Statements before the AGM?
  • Companies Registration Office – is the Annual Return filed within 56 days of its Annual Return Date?
  • Charities Regulatory Annual Report – is the Annual Report submitted to the Charities Regulatory Authority within ten months of the financial year end?
  • Policies and Procedures – are they reviewed regularly to ensure they remain relevant, effective and compliant?
  • Classification – has your charity considered filing self-classification with the Charities Regulatory Authority?

Seems like a lot of questions but, that is why KomSec is here to help you find the answers.  Any queries just contact us anytime so that together we can help your charity comply with its myriad of statutory responsibilities in a timely and effective manner.

Posted on by | Kathryn-Maybury