The Companies (Late Filing Penalties) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 133

Companies

The Companies (Late Filing Penalties) Regulations (Northern Ireland) 2008

Made

19th March 2008

Coming into operation

6th April 2008

The Department of Enterprise, Trade and Investment(1), in exercise of the powers conferred by Article 265(1) of the Companies (Northern Ireland) Order 1986(2) makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Companies (Late Filing Penalties) Regulations (Northern Ireland) 2008 and come into operation on 6th April 2008.

(2) In these Regulations “the 1986 Order” means the Companies (Northern Ireland) Order 1986.

Late filing penalties under the 1986 Order from 6th April 2008

2.—(1) This regulation applies where the requirements of Article 250(1) of the 1986 Order are complied with on or after 6th April 2008.

(2) In Article 250A of the 1986 Order(3), after paragraph (2) insert—

“(2A) For the purposes of paragraph (2), whether a company is a public company or a private company depends upon its status at the end of the financial year in question.”.

Late filing penalties under the 1986 Order from 1st February 2009

3.—(1) This regulation applies where the requirements of Article 250(1) of the 1986 Order (which continue to apply in relation to financial years beginning before 6th April 2008) are complied with on or after 1st February 2009.

(2) For the table in Article 250A(2) of the 1986 Order substitute the following table:

Length of period	Public company	Private company
Not more than 1 month	£750	£150
More than 1 month but not more than 3 months	£1,500	£375
More than 3 months but not more than 6 months	£3,000	£750
More than 6 months	£7,500	£1,500

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 19th March 2008

Noel H Lavery

A senior officer of the Department of Enterprise, Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the provisions about penalties which companies must pay if they file their annual accounts and reports late under the Companies (Northern Ireland) Order 1986 (for financial years beginning before 6th April 2008).

The level of penalty depends upon whether the company was public or private at the end of the financial year in question (regulation 2). When the filing takes place on or after 1st February 2009, the penalties are as set out in the table in regulation 3.

An impact assessment has not been prepared for these Regulations as compliance with the filing requirements for accounts and reports will not result in any additional cost to business.

(1)

Formerly the Department of Economic Development: see S.I. 1999/283 (N.I. 1) Article 3(5)

(2)

S.I. 1986/1032 (N.I. 6); Article 265 was inserted by Article 22 of the Companies (Northern Ireland) Order 1990 S.I. 1990/593 (N.I. 5)

(3)

Article 250A was inserted by Article 13 of S.I. 1990/593 (N.I. 5)