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- In The News – ‘Til debt do us part’
Ireland is one of the most indebted nations in Europe. Being in debt is very stressful and a huge burden on families. With the right advice, debt can now be eliminated and the steps that can be taken to get out from under it. The causes of debt can make people feel ashamed, guilty, frustrated and angry and can seriously affect both their mental and physical health. In many instances people are finding it very difficult to buy basic groceries. In some cases they have had their electricity cut off. All this is due to the fact they are being pressured to pay debts in monthly instalments for amounts they simply cannot afford. In my experience as a director and Personal Insolvency Practitioner (PIP) at UHY Insolvency, people have got into debt through no fault of their own, and this creates enormous guilt and pressure on the individual, or family. The most important thing to do when in debt is to not ignore the problem and hope that it will go away. It is important to be aware that you are not on your own. Thousands of people in Ireland are struggling financially, there is support available, but be sure to tackle the problem early. Debt will not go away on its own and if you find it difficult to deal with the problem and with creditors, you should get in touch with a PIP for help. One of the biggest mistakes that people make is borrowing more money to get out of debt. Many people think this is a good way of helping them get out of financial difficulty. You cannot borrow your way out of trouble, you must budget your way out of debt. Many people believe that once they are in debt, it is almost too late to do anything about it. What they don’t realise is that debt can be negotiated downwards, as much as 80%! For example, a total debt of €84,500 can have up to €68,500 written off. This only leaves €16,000 that would be paid off over five years. It is also possible to freeze high interest and charges, By using the services of a professional debt management company you can speed up the process of restructuring a debt, and enter into a realistic payment plan that you can afford. You may be entitled to free financial and legal advice under the Abhaile scheme. If you call us using the number below we can check your eligibility. Along with restructuring your debt, there are many small things you can do on a daily and monthly basis to work your way out of debt. One of the most basic tolls is creating a realistic budget and sticking to it. List all monthly bills and necessities and make sure they are covered by your monthly income. Allow only the money remaining after the essential bills are paid to be spent elsewhere. When this is completed prioritise your expenses. Essential expenditure would be your mortgage or rent, utility bills and car lease. Other essential expenditure would be food, clothes, medical and health costs, etc. Non-essential or secondary debt could be credit card, unsecured term loans, overdraft facilities and catalogue debt. Secondary debt payment should be no more than 20% of your overall income, and “do not pay whoever shouts loudest first”. A few extra tips to help you on your way to financial freedom include becoming a savvy shopper and consumer. Look for deals, bargains and savings when you are at the store. Another thing is to look for extra ways to make some money, like taking on a part-time job if you have the time. Another would be taking in a boarder at your home. There are many ways to bring in additional income. I believe that the main and vital thing to do is to face debt head on. You have to acknowledge the problem and start working on a plan to solve it. Do not be afraid or embarrassed to seek help and guidance. Personal Insolvency Practitioners are highly knowledgeable with debt issues and are used to dealing with creditors. They will assist you in forming a plan and a budget to get you out of debt. Just having someone on your side that knows what you are going through can reduce your stress and put you at ease. For more information get in touch with an expert financial adviser at UHY Insolvency on 1890 987 913 or visit our website at www.uhyinsolvency.ie Source: Eugene McDarby – Original article, Dundalk Democrat Tuesday November 22, 2016 www.dundalkdemocrat.ie #2016
- Local Property Tax – What Do I Need To Do For 2017?
Those who paid their 2016 LPT in one lump sum or with regular cash payments will have received a letter from Revenue in relation to LPT for 2017. If you now wish to avail of a phased payment option such as Direct Debit, Deduction at Source or regular cash payments through a Payment Service Provider, you should confirm your payment method by 25 November 2016. Options for paying your 2017 LPT No matter how you paid your 2016 LPT, you can select a different payment method for 2017. You can choose to pay in full, in a single payment or spread your payments over 2017: Deduction at source from salary or occupational pension, or from certain payments received from the Department of Social Protection or the Department of Agriculture, Food and the Marine. Monthly direct debit from a current account in a bank or certain credit unions. Making regular cash payments throughout 2017 or making a single cash payment through a payment service provider (An Post, Omnivend, Payzone or PayPoint). Paying in full by Single Debit Authority (like an electronic cheque) which will be debited by Revenue on 21 March 2017. Paying in full by Debit Card or Credit Card. Your payment will be deducted on the day you complete the transaction online. Paying in full by cheque which will be processed as soon as Revenue receives it. The due date for paying your 2017 LPT depends on the payment method you select: 5pm on 11 January 2017: Latest date for paying in full by cash, cheque, postal order, credit card or debit card. January 2017: Phased payments by deduction at source and regular cash payments through a payment service provider to start in January. 15 January 2017: Monthly direct debit payments start and continue on 15th each month thereafter. 21 March 2017: Annual Debit Instruction or a Single Debit Authority payment deducted. If you would like more information, contact a member of our tax team. View our range of Tax Services Source: Revenue.ie For more information visit the Revenue website: http://www.revenue.ie/en/tax/lpt/lpt-obligations-2017.html #2016
- UK Pension Regulations – Auto-Enrolment
In response to the new pension regulations which the UK government has introduced coming into effect from this year, we would like to inform all employers of their legal duty in complying with the new legislation and the consequence of non-compliance. One of the main reasons for this legislation is to encourage employees to start paying into a pension scheme with the added incentive of receiving tax relief on the amount being paid. Every employer with at least one member of staff must automatically enrol those who are eligible into a workplace pension scheme and contribute towards it. It is compulsory for all employers. This is known as Auto-enrolment. Every employer who is currently operating payroll will obtain information from the Pension’s Regulator this will include a ‘staging date’ this is the date that the employer is legally obliged to start deducting pension contributions from eligible employees. The first stage for the employer is to assess all their workforce to see which employees are eligible and should be automatically enrolled. Any employees who are not automatically enrolled can choose to join or opt in to the pension scheme. There are three different categories an employee may fall into: Eligible Jobholder – Someone you must automatically enrol Non-Eligible Jobholder – Someone who can opt in Entitled Jobholder – Someone who can join There is earning limits to determine who is automatically enrolled who can opt-in as detailed below: EarningsAged between 16-21 years22 years -State Pension AgeState Pension Age – 74 Less than £5,824Can JoinCan JoinCan Join£5,824 – £10,000Can opt inCan opt inCan opt in£10,000 and overCan opt inAuto-enrolledCan opt in Once you determine who is eligible and who can join in – the employer must inform all employees of the changes including the date the changes occur; how the changes affect them and what they can expect to happen next. Therefore, an employer may have up to three letters in which he can issue to employees as follows: 1st letter for those who are automatically enrolled (Eligible Jobholder) 2nd letter for those who choose to opt-in (Non-Eligible Jobholder) 3rd letter for those who can choose to join (Entitled Jobholder) If you are using a payroll package – standard letters will be available but need to be amended to suit your company’s details. If an employee is eligible but does not want to join the scheme they must be automatically enrolled and processed for the first payment having the pensions deducted and paid over to the pension provider. Once enrolled they need to inform the pension provider that they wish to opt-out, who in turn will then refund the pensions already paid. The employee should receive notification from NEST and will be given a reference number – once received he/she can contact NEST to opt-out if they choose to. In calculating the pension each pay period 1% of the employee’s salary (over the ‘qualifying earnings’ of £5,824 per annum) is deducted from their gross pay; the employer must also contribute 1% of the employee’s pay. This is then paid over to the pension provider (NEST Pension) who will hold this in the individual employee’s pension pot. The government also contributes to this by giving tax relief on the employee’s contribution. ‘Qualifying earnings’ means that pension contributions are deducted from amounts over £5,824 per year which is £112 per week or £486 per month. The level of pension contribution that employers will be required to make is due to increase from 1% to 3% by 2018 as shown in the table below: Staging DateUp to 30 Sept 2017Up to 30 Sept 2018From 1 Oct 2018 onwards Employer Contribution 1%2%3% Employee Contribution 1%3%5% Total Contribution 2%5%8% As an employer who has to offer the NEST service to your employees (irrespective of whether they decide to avail of it or not) you are required to understand their terms and conditions. We have enclosed a copy of the terms and conditions which will explain in more detail the following: Explanation of the terms/words used by NEST; Details of how tax relief is calculated on your pension contribution; How payments are made to NEST by the Employer; Details of NEST website and the Pension Regulator website where you can find more information; Other requirements including how members can opt-out and details on how a member can cease making contributions. Once employers are registered and setup with NEST you can submit a pension contribution schedule for each payroll run completed (this is details of what employees are enrolled and the amount of employee and employer pension deductions made); payments are made directly to NEST for the Pension deductions collected from employees via their website. The employer must ensure that all ongoing auto-enrolment responsibilities are carried out. (new employees are assessed when they commence employment with the employer and setup with NEST if they are Eligible Jobholder.) Finally, the employer needs to complete a Declaration of Compliance with the Pension Regulator within 5 months of the staging date. This is a form completed to advise the Pension Regulator that you as the employer has taken all the necessary steps to ensure the workplace pension scheme has been put in place. Any employer who does not comply with their auto-enrolment responsibilities will be fined by the Pension Regulator! Further information can be obtained on our website www.fdw.ie Alternatively you can contact our Dundalk team on +353 42 93 39955 #2016
- Executive Payroll
UHY FDW Executive Payroll Services allow the key financial and personal data of your executive team to be maintained confidentially. Learn more about our Executive Payroll service in our service brochure #2016
- Budget 2017 Highlights
The Minister for Finance Michael Noonan and the Minister for Public Expenditure and Reform introduced the budget and spending measures proposed for 2017. Minister Noonan set the scene stating that the taxation and spending measures would be split between a €300M reduction in tax and a €1bn increase in spending. In tax terms most of the announcements had been well flagged in advance with the main provisions being: Personal Tax USC rates decreased to : 0.5% on first €12,012, 2.5% on income between €12,013 and €18,772 and 5% on income between €18,773 and €70,044. No change in top rate of USC at 8% and no change in top rate of USC of 11% for self employed individuals with income in excess of €100,000 Earned Income Credit introduced in 2016 for the self employed will increase from €550 to €950. Exemption from Income Tax for income from renting a room in your home is increased by €2,000 to €14,000 from 2017. The deduction for interest on rented residential property will increased to 80% in 2017 with a commitment that the Finance Bill will contain measures to increase this each year by 5% until full relief applies. Business Tax VAT remaining at 9% for the tourism industry. Farmers can step out of income averaging immediately and defer tax liability to subsequent years. Continued commitment to the 12.5% Corporation Tax rate and also a review of the Corporation Tax code to be completed to ensure that the Corporation Tax code is in line with OECD model of taxation including recommendations on Base Erosion Profit Sharing (BEPS). Capital Gains Tax A reduced rate of Capital Gains Tax at 10% to apply on the disposal of a business up to a lifetime limit of €1m. Capital Acquisition Tax Thresholds increased as follows: Group A €280,000 to €310,000 Group B from €30,150 to €32,500 Group C from €15,075 to €16,250 First Time Buyers Scheme A scheme was announced whereby first time buyers up to €400,000 would be able to reclaim a maximum of 5% of the purchase price as a contribution to the deposit required under Central Bank rules. The scheme will operate as a refund of Income Tax already paid over the previous 4 years. Brexit Both ministers gave time to Brexit and set out that the Government intends to introduce measures to support industry to meet the challenges that Brexit will bring. Included in this was a commitment that Enterprise Ireland and the IDA will get additional funding to assist Irish businesses to drive exports and foreign businesses to set up in Ireland. There was also a commitment that several government departments will get funding to set up Brexit teams who will deal with the mechanics of Brexit. As always Budget 2017 is an announcement of intention and the legislation to put the intention into law will be contained in Finance Bill 2017 which will be published next week. The devil is in the detail and while Budget day has passed without much furore the Government will need to ensure that the detail of Finance Bill 2017 meets the agreement of all partners in Government and satisfies the confidence and supply agreement entered into with Fianna Fail. Read our full Budget Highlights in this PDF and watch the video online #2016 #Budget #Budget2017 #BusinessinIreland
- Thinking About Moving to the Cloud?
If you have been thinking about moving to the cloud we can help as we have recently taken the big step to move to the cloud. Read here what our Managing Director Alan Farrelly has to say: UHY Farrelly Dawe White Limited has moved to a cloud based environment with PowerHouse Cloud in May 2016, from an owned server system. PowerHouse have supplied IT Services to provide a secure and flexible cloud IT system. This has resulted in surety and security and a reduction in our business risk associated with our IT Infrastructure. Our experience with PowerHouse Cloud is that they have been responsive and knowledgeable. They have provided peace of mind from ransomware attacks, thus creating a lower risk environment. This outsourcing of our IT has freed up considerable time for our staff to focus more on our client needs. We would strongly recommend PowerHouse Cloud to other businesses looking for a dependable IT partner. So what are the benefits of moving your business to the Cloud? Reduce cost and time spent on IT Freedom to work from anywhere on any device Instant connection and software updates Free computer packages to access our cloud Flexibility and scaleability when you need it Full IT support 24/7 – 365 days a year Full security and disaster recovery Free review of your IT Read some further information in this detailed overview here . You can visit the PowerHouse Cloud website here . #2016
- Capability Statement 2016
UHY Capability Statement 2016 This new edition of our annual capability statement illustrates how we have continued to strengthen our close working relationships with our clients locally, internationally or cross-border throughout sectors, specialisms and geographical regions – and, more importantly, it includes what our clients say about our services. Read Here #2016 #CapabilityStatement #UHYGlobal
- UHY Global Issue 2
UHY Global, a bi-annual magazine, gives you insight into international business topics, featuring thought-leading opinions and experiences from global contributors including UHY member firms, leaders of UHY service and industry groups and external sources. A true representation of what the UHY network is about. Our second issue covers the following topics: Think city, think local: Global megatrends are reshaping where people live and work and where businesses want to be based. So, when it comes to property, should we be thinking city not country? And how do we know where’s hot and where’s not? Powerhouse potential: Bold, ambitious and alive with opportunity – the creation of the ASEAN Economic Community could transform the economies of ASEAN countries. As the new economic powerhouse takes shape, UHY Global looks at the prospects for businesses in and beyond the region. Rising to the oil challenge: The collapse of oil prices by 75% in just 18 turbulent months has sent macro and micro-economic shockwaves through the global oil and gas industry. Times are undoubtedly tough, but from adversity can come opportunity. UHY Global asked member firms of UHY’s worldwide energy sector group where to look for better news. Read it here #2016 #BusinessAdvisory #UHYGlobalIssue
- We are pleased to announce our new app is available to download
Download our app today for free instant access to tax calculators, tax tables, mileage and income trackers and more… #2016
- Businesses in Ireland Enjoy Some of World’s Lowest Corporation Taxes
Businesses in Ireland enjoy some of world’s lowest corporation taxes – study of major global economies Headline rate well below global, G7 and European averages USA and Japan top table for highest corporation tax rates Businesses in Ireland are enjoying some of the lowest corporation taxes of any global economies, accounting for just an eighth of their profits, reveals a new study by UHY, a leading international accounting and consultancy network. According to UHY, Ireland’s headline corporation tax rate was 12.5% on taxable profits of USD 1,000,000 for the financial year ending 2015*. This is far lower than both the global average corporation tax rate of 27% and the European average of 25.3%. The G7 average is even higher at 32.3%. UHY explains that low corporation taxes can help countries create competitive advantage and fuel growth by freeing up more profits for re-investment, discouraging domestic companies from moving investment overseas and attracting foreign companies to locate there. UHY points out that Ireland’s corporation tax regime compares very favourably with other European economies. It is 8.5 percentage points lower than the UK (which charged 21% in 2015), and 16.3 percentage points lower than in Germany (28.8%). UHY adds that Ireland has had its corporation tax rate at 12.5% for nearly twenty years, since 1998. UHY tax professionals studied corporation tax data on taxable profits of USD1,000,000 in 31 countries across its international network, including all members of the G7, as well as key emerging economies. The UAE has the lowest corporate taxes of any country in the study – charging no corporation tax at all – followed by Ireland (12.5%) and several eastern European countries including Romania, the Czech Republic and Croatia. Comments Alan Farrelly of UHY Farrelly Dawe White Limited, a member of UHY: “Ireland is well positioned to seize competitive advantage from our comparatively much higher taxing western European neighbours such as the UK, France, and Germany, where other costs are also much higher than they are here.” “Ireland attracts well-known and international corporations, including Intel, Microsoft, and Google, because we have one of the lowest corporate tax rates in Europe. Ireland has become an increasingly dynamic and rewarding business location.” The USA is at the top of the table of economies with the highest corporation tax in the study, charging a headline rate of 41.1%. However, UHY points out that this is in fact mitigated by a variety of schemes and deductions which result in many businesses’ effective tax rate being far lower. Japan is next, despite reducing corporation tax by 2.5% in a year as part of Prime Minister Shinzo Abe’s “Abenomics” policy to stimulate growth in the Japanese economy following more than two decades of stagnation. Comments Alan Farrelly: “There is a global competition amongst countries to offer a lower corporation tax rate. It is not easy for a cash-strapped economy to do well in that competition but there are enormous advantages for those that can put themselves ahead of the pack.” “Enabling companies to retain more of their profits encourages them to re-invest more capital back into their business, helping to drive innovation.” “At fourteen and a half percentage points lower than the global average corporation tax rate, Ireland now has one of the most competitive regimes in the world. This is benefiting Ireland-based businesses of all sizes.” “Ireland is looking to help its domestic business base grow, while at the same time making a play for more corporate investment from overseas.” UHY says that of the 31 countries in the study, most (74%) have kept corporation tax rates the same over the last two years. Six (19%) lowered rates last year, while just two countries (Israel and India) raised it (see table below). Global corporation tax rankings (by highest rate levied) RankCountry2014-15 Tax Year data% Change since 2013-14Amount of corporation tax charged on $1,000,000Rate 1USA$411,000.0041.1%0.0%2Japan$385,793.0038.6%-2.5%3France$377,748.0037.8%0.0%4Argentina$350,000.0035.0%0.0%4=Malta$350,000.0035.0%0.0%6Belgium$339,900.0034.0%0.0%7Brazil$337,029.7033.7%0.0%8India$330,630.0033.1%0.6%9Pakistan$330,000.0033.0%-1.0% –G7 Average $323,205.8632.3%-0.8%10Italy$323,200.0032.3%0.0%11Nigeria$320,000.0032.0%0.0%12Australia$300,000.0030.0%0.0%12=Mexico$300,000.0030.0%0.0%12=Spain***$300,000.0030.0%0.0%15Germany$287,700.0028.8%0.0% –BRIC Average $279,414.9327.9%0.2% –Global Average $261,534.7327.0%-0.4%16Canada$267,000.0026.7%0.0%17Israel$265,000.0026.5%1.5% –Europe Average $233,294.5725.3%-0.3%18China$250,000.0025.0%0.0%18=Uruguay$250,000.0025.0%0.0%20Jamaica$250,000.0025.0%-5.0%21Denmark$243,460.0024.4%-1.6%22Netherlands$239,116.0023.9%0.0%23Egypt$225,000.0022.5%-2.5%24UK$210,000.0021.0%-3.0%25Croatia$200,000.0020.0%0.0%25=Russia$200,000.0020.0%0.0%27Czech Republic$190,000.0019.0%0.0%27=Poland$190,000.0019.0%0.0%29Romania$160,000.0016.0%0.0%30Republic of Ireland$125,000.0012.5%0.0%31UAE$0.000.0%0.0% *2014/15 **2013/14 *** In recent tax years, Spain has reduced the corporate tax rate from 30% to 28% in 2015 and to 25% in 2016, with start-ups paying a reduced 15% in their first year of profits. #2016
- Ireland Risks Undermining Entrepreneurship With Excessive Taxes on the Sale of Businesses
The tax take on the sale of owner-run businesses in Ireland risks seriously undermining entrepreneurship, with entrepreneurs paying 32.3% in tax on the successful sale of a $50m business*, compared to a global average of 19.8%, according to a new study by UHY, the international accountancy network. UHY collected information on the tax regimes of 25 countries across its international network to compare how much profit an investor in a typical small or medium size business would be allowed to keep when they sell their stake in the business, based on an initial investment of US$1m and the sale of the stake for US$10m and US$50m. Entrepreneurs in Ireland would fare still less well compared to a peer in one of the BRIC economies, where an average of just 16.7% in tax would be levied on their gain from a similar sale. Ireland would also take far more in tax from an entrepreneur than the average for the developed G7 countries which stands at 28.6% in tax. UHY says that this disparity in the rewards for entrepreneurship between Ireland and its global competitors puts Ireland at risk of discouraging entrepreneurialism and losing out as a destination for setting up a business. UHY explains that low taxes on capital gains, especially those made by entrepreneurs, help compensate for the financial risk involved in expanding a business. They create a stronger incentive to keep growing the business, creating new jobs, with a view to attracting a substantial buyer, rather than keeping it as a smaller lifestyle business that employs fewer people and is easier to manage. UHY adds that in China – where the Ministry of Commerce estimates that entrepreneurial ventures are responsible for 75% of new jobs each year and 68% of exports – entrepreneurs are encouraged with a tax on capital gains below the global average. Some smaller mid-size economies, including New Zealand, Jamaica, Nigeria and Croatia seek to encourage entrepreneurialism by exempting gains from the sale of a business in most common scenarios entirely. Alan Farrelly, of UHY Farrelly Dawe White Limited, comments: “Entrepreneurs in Ireland are hit with far more tax than the global average if they build a successful business and then look to sell it on. With emerging economies and Eastern European countries becoming far more attractive places to start a business – their business environments are becoming more benign, they offer growing pools of affluent consumers, increasingly skilled workforces as well as a more favourable tax environment – that is a real concern.” “Ireland needs to re-think how much it taxes capital gains or risk losing ground to rivals.” “Entrepreneurs that are capable of growing a business from a small size to a substantial enterprise should be enabled to take their rewards by selling the business. High levels of taxes on the sale of a business will drive entrepreneurs to set up in other locations, divert their focus onto tax mitigation structures, or see them starting to run the company to maximise their own income rather than the growth of the company .” “Irish entrepreneurs have been relatively thin on the ground in the last few years, but with the economy improving, it could be time for the Government to consider encouraging domestic business creation by allowing entrepreneurs to keep more of their profits.” The study assumed that the business did not qualify for any targeted investment reliefs (e.g. to encourage investment in clean technology), and that the entrepreneur is the sole owner and investor in the business, single, childless and a national of the country, with an annual income of US$200,000 and no immediate plans to reinvest his or her profits. *with a profit of $49m based on an initial investment of US$1m. **with a profit of $9m based on an initial investment of US$1m. CountryTax paid if business is sold for $50m*% of tax paid if business is sold for $50m*Tax paid if business is sold for $10m**% of tax paid if business is sold for $10m** Germany$23,321,00046.6%$4,331,03043.3%France$17,640,00036.0%$3,240,00036.0%Malta$17,325,00034.7%$3,325,00033.3%Ireland$16,167,80032.3%$2,969,16029.7%Israel$15,680,00031.4%$2,880,00028.8% G7 Average $14,272,92128.6%$2,494,11725.4%USA$14,063,00028.1%$2,583,00025.8%Norway$13,230,00026.5%$2,430,00024.3%Netherlands$12,500,00025.0%$2,500,00025.0%Canada$12,137,30024.3%$2,229,30022.3%Spain$11,759,23024.0%$2,159,23024.0%Italy$11,696,19823.4%$2,143,99221.4%Australia$11,025,00022.1%$2,025,00020.3%UK$10,895,45221.8%$900,0009.0%Japan$10,157,50020.3%$2,031,50020.3%India$9,966,22819.9%$1,726,22817.3% Global average $9,892,94819.8%$1,786,93818.1%China$9,800,00019.6%$1,800,00018.0% BRIC average $8,334,05716.7%$1,474,05714.7%Romania$7,840,00015.7%$1,440,00014.4%Bangladesh$7,350,00014.7%$1,350,00013.5%Brazil$7,200,00014.4%$1,200,00012.0%Russia$6,370,00012.7%$1,170,00011.7%Uruguay$1,200,0002.4%$240,0002.4%Nigeria$00.0%$00.0%New Zealand$00.0%$00.0%Jamaica$00.0%$00.0%Croatia$00.0%$00.0% #2016
- How The New Companies Act Affects You
As you may be aware the Companies Act 2014 (“the Act”) has been signed into Irish law and commenced on 01 June 2015. The Act will impact all existing Irish companies and your company will be required to take action, in order to remain with the new legislation. HOW DOES THIS IMPACT ME AND MY COMPANY? All existing private limited companies will have to decide whether to convert to a simplified Company Limited by Shares (“LTD”) or a Designated Activity Company (“DAC”). Please see the attached brochure for more information on these company types. The Directors of the company are in the main part, responsible for this. WHEN DO I NEED TO TAKE ACTION? There is a period of 18 months (from 01 June 2015) allowed to complete the conversion process. We would recommend that your conversion happens in conjunction with your next compliance season. This will reduce the administrative burden on you. However, you may wish to complete the conversion process at another earlier/later suitable time. For those companies opting for the DAC conversion, then there is a 15 month time frame to convert. WHAT SHOULD I DO FIRST? The Directors should consider the following practical aspects of converting to an LTD or a DAC: What are the future plans for the company; Review the existing Memorandum and Articles of Association (“M&A”); to determine if there are any restrictions that would determine your new company type. Contact our Corporate Compliance team, who will be happy to assist you, or provide you with a copy of your most up to date M&A WHAT HAPPENS IF I DON’T CONVERT MY COMPANY? During the transition period all existing Limited by Shares Companies will be treated as DAC’s. However, if at the end of the transition period, 30th November 2016, conversion has not been completed, the Registrar of Companies will enforce the change and convert the company to the new form LTD. A new certificate of incorporation will then be issued automatically. Where no action has been taken the company may be deemed to have a corporate form and constitution that does not actually suit their requirements. Conflicts will exist between the deemed constitution and the existing M&A as lodged in the public record, making it practically unintelligible as a stand-alone document. Apart from being poor corporate governance this may impact the subject company’s dealings with its own shareholders, with banks, potential investors, Enterprise Boards and any other third parties. Directors may also be exposed where shareholders have been prejudiced by inaction. DO I HAVE TO CHANGE MY COMPANY MERCHANDISE/WEBSITE/LOGO ETC. AFTER RE-REGISTRATION? If you are re-registering your company as an LTD you will not have to make any changes as the suffix Limited or LTD will remain unchanged. If you are re-registering as a DAC the name of the company will be altered by the addition of the suffix “Designated Activity Company” instead of “Limited”. The Directors must ensure that the new name is correctly reflected and should look at obtaining a new company seal, changing the name on stationery, websites, signage, amending share certificates and submitting amendments on property registers and registers of intellectual property. HOW WILL THE TEAM AT UHY FDW COMPANY SECRETARIAL SERVICES LTD ASSIST ME? Our team will be happy to guide you through the conversion process from start to finish and assist as follows: Speak with you and explain the process (if required) Review your M&A and provide you with a recommendation on a suitable company type Draft the complete suite of necessary documentation to complete your conversation File all applicable documents with the Companies Registration Office Notify you on the successful conversion and provide you with the new Certificate of Incorporation (as applicable) Our experienced Corporate Compliance team, would be delighted to assist you with any concerns you may have and also provide you with the necessary guidance and assistance to complete the conversion process for your company. Please contact Richard in our compliance team at richardwindrum@fdw.ie or on 042 933 9955, for further details. #2016
