Archive for the 'red tape' Category

S.I. No. 49 of 2007

Dear Reader. I refer to STATUTORY INSTRUMENT No. 49 of 2007 also known as EUROPEAN COMMUNITIES (COMPANIES) (AMENDMENT) REGULATIONS 2007. You have probably never heard of this regulation, but if you are the webmaster of a  companies website in Ireland then you need to keep reading.

Section (2) of the Regulation says

“Where a company has a website, it shall display in a prominent and
easily accessible place on that website…

(a) the name and legal form of the company;
(b) the place of registration of the company and the number with
which it is registered;
(c) the address of the registered office of the company;
(d) in the case of a company exempt from the obligation to use the
word ‘limited’ or ‘teoranta’ as part of its name, the fact that it is
a limited company;
(e) in the case of a company that is being wound up, the fact that it
is being wound up;
(f) if reference is made in the letter or order form to the share capital
of the company, the reference shall be to the capital that is subscribed
and paid up.”

The requirement to provide such info on letters and invoices and so on has existed for some time, this regulation just includes websites.

Naturally the act is vague, but I interpret it as meaning the bare minimum that is acceptable is to have one page that includes the following text in a small print font size. I typically use the “contact” page

Example Company Ltd. Registered in Dublin, Ireland? (ie. the location of the CRO flagship office) Company number 12345. Registered address 1 Mainstreet, Nonsuchtown, Co Cork

For the avoidance of doubt the regulations do not refer to sole traders or partnerships. I think regulation is required there. Many sole traders trade under their own names without additions and thus do not need to register a Business Name under the Registration of Business Names Act, 1963 with the Companies Registration Office (CRO) but due to the paucity of information on the website of the CRO many sole traders do not realise that they still need to register with the Revenue Commissioners via Form TR1? (even now I can’t find out the exact name of the form) as a sole trader. In doing so they acquire a number, which is typically their PPS number. I believe the regulation should extend to sole traders as it would make them realise they are not registered, and should be.

The public awareness of the requirement of all businesses to be registered is high in Australia where all businesses - regardless of registration type - have an Australian Business Number - ABN - which they must display.

Ireland is slowly becoming a Police State

I previously wrote about The Private Security Authority and how it acts as an agent of the Revenue Commissioners in ensuring tax compliance of sections of the populace by requiring a Tax Clearance Certificate from its clients.


Well today my attention was drawn to the activities of another resonably new body (est 2001)called the Office of the Director of Corporate Enforcement (ODCE).


This morning, Tuesday 13th February 2007, a shocking word appeared on the news page of their website, the word… was “Extension”. When used in an official context this word is almost always shocking, it is used to slip in a rule that the populace do not like and play down its importance as a mere “extension” of an already existing rule.

I am of course envoking Godwin’s Law here.


But can we blame the ODCE they say they are merely implementing “SI No. 49 of 2007
EUROPEAN COMMUNITIES (COMPANIES) (AMENDMENT) REGULATIONS 2007″, which is a mere implementation of “EU Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003″, the ODCE are merely following orders.


In the short term the new requirements are wonderful for webmasters who can make a fast buck editing their clients, and former clients sites, but in the longer term these requirements are worrying, they are but the latest example of the increasing red tape clogging life in Ireland.

Continue reading ‘Ireland is slowly becoming a Police State’


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