The Companies Act 2014 requires that each company type be included as part of the company name. For some types of company this will require an alteration to be made to its name. The companies most affected are companies converting to or re-registering as Designated Activity Companies or Private Guarantee Companies.Boyle Practical Project Management is currently assisting Limited companies to come to grips with the Companies Act following the transition deadline of 30th November. BPPM give the steps for companies to make the transition themselves in the form of a detailed implementation plan.
Boyle Practical Project Management is now also assisting Designated Activity Companies (DAC) and Companies Limited by Guarantee (CLG) to come to grips with the Companies Act. The Implementation of the Act for DAC.’s and CLG.’s is somewhat more precarious than for Ltd.’s because of the name change requirement.
The Companies Act 2014 provides that company names must include the company type suffix at the end of its name, unless exempted. The Companies Registration Office (CRO) has issued a number of Information Leaflets relating to the Act.
See Information Leaflets No 35 for information on re-registrations. A company can change their name by filing a Change of Company Name Special Resolution G1Q, amended the Constitution and submit fee of €50 if filed on line/€100 on paper.
The types of companies directly affected are Private Guarantee Companies and Companies Limited by Guarantee (CLG). Private guarantee companies are deemed to be Designated Activity Companies (DAC). These companies do not need to convert to DAC status but must make an adjustment to their company names. All Designated Activity Companies, which are limited by guarantee, must have the words “Designated Activity Company” or “Cuideachta Ghníomhaíochta Ainmnithe” at the end of their name unless exempted.
The words “designated activity company” may be abbreviated to “d.a.c.” or “dac” (including either such abbreviation in capitalised form) in any usage after the company’s registration by any person including the DAC. The words “cuideachta ghníomhaíochta ainmnithe” may be abbreviated to “c.g.a.” or “cga” (including either such abbreviation in capitalised form) in any usage after the company’s registration by any person including the DAC.
Companies which are limited by guarantee and do not have a share capital are deemed to be Companies Limited by Guarantee (CLG) under section 1189. There is a requirement for Companies Limited by Guarantee to have the company type added to the end of the company name. All newly incorporated Companies Limited by Guarantee will have the company type at the end of their name from 1st June 2015, unless exemption is granted under section 1180. “Company Limited by Guarantee” or “Cuideachta faoi theorainn Ráthaíochta” must form the end of the company name. Companies limited by guarantee are governed by Part 18 of the new Companies Act.
Nobody Likes To See This
If a company does not change the name of the company and submit an amended constitution using Form N3 during the transition period, the will change the name of the company and issue a new certificate of incorporation (unless the company already has an exemption). In certain circumstance companies may be left with unnecessarily complex name, where they have been changed by Registrar of Companies. These are some samples:
THE SAMPLE INSURANCE COMPANY DESIGNATED ACTIVITY COMPANY
SAMPLE NAME FINANCIAL SERVICES HOLDING COMPANY DESIGNATED ACTIVITY COMPANY
THE SAMPLE LIFE ASSURANCE COMPANY DESIGNATED ACTIVITY COMPANY
Changes to the company name will affect company letterheads, stationery and signage. Any documentation submitted to the CRO after the end of the transition period (30th November 2016) which bears the incorrect name will be refused.
The Act provides that the correct company name must be displayed on all websites. Directors must ensure that they are prepared for a change in company name. Your business name has changed and you may want your domain to reflect this to maintain consistent branding. Every company that has a website is also required to display either on its homepage or to be identified on its homepage, a readily accessible webpage on which the following appear:
(a) the name and legal form of the company
(b) place of registration of the company and the number with which it is registered
(c) address of the registered office of the company
(d) in the case of a company exempt from the obligation to use the company type as part of its name, the fact that it is such a company type (applies to Designated Activity Companies and Companies Limited by Guarantee only)
(e) in the case of a company which is being wound up, the fact that it is being wound up
(f) if the share capital of a company is mentioned on the website, the reference must be to the issued share capital
There are a number of issues which Directors must consider in circumstances where the company name is about to change. It is advisable to try and identify the relevant issues and to put plans in place to avoid any difficulties before the company name changes (whether voluntarily by converting or by the name change being applied by the CRO). Implementation of a company name change is normally phased in to ensure cost-effectiveness, beginning with regulatory compliance, continuing with updating on-line materials stationary and signage with the subsequent amendments to 3rd party databases.
What Needs To Be Done
The work schedule for Boyle Practical Project Management Project Implementation Plans for the Companies Act 2014 looks like this:
The Sting In The Tail
The Sting In The Tail
The hidden danger for companies active on social media platforms is with changing their company page names, business page names, verified business accounts, handles etc., on the various social media platforms. It may not be straightforward to change company names on these sites without losing followers, likes etc.
What the Project Implementation Plans for the Companies Act 2014 contain:
1. These are practical workable plans to enable Companies to make the transition to the
new company type in a structured way.
2. Plans are streamlined to deal with specific company types, either Designated Activity
Company, Limited Company or Company Limited by Guarantee.
3. Gives the objectives for converting and provides windows of opportunity to expand
the scope to take advantage of the changes.
4. Examines some general risks associated with the conversion.
5. The plans outline the criteria for choosing the appropriate structure to be adopted.
6. Provides the process for gaining members agreement or otherwise.
7. Provides a fully resourced, costed (in hours) and time-lined activity schedule.
9. Indicates the resource inputs to enable delegation of activities to named individuals.
10. Highlights the section numbers of the Act under which the actions are required.
The Way Forward
Project Management will be running a course over the next couple of months
specifically for assisting companies to customise the project implementation
plan to suit their individual needs. Please spread the news among your fellow company directors who may
need assistance with the implementation of this Act.
Boyle Practical Project Management will be running a course over the next couple of months specifically for assisting companies to customise the project implementation plan to suit their individual needs. Please spread the news among your fellow company directors who may need assistance with the implementation of this Act.
1. Quite often, people who become expert in their technical and operational roles are given project management responsibility. In many cases major issues arise on projects managed by competent technical individuals who do not possess the complimentary project management skills.
2. Almost nine out of ten start-ups fail. The major reason for these failures is that the original idea was not thought through properly.
To deal with these issues Boyle Practical Project Management have designed an on-line project management course covering every area of effective project management planning. This project management course is for anyone who is currently working on or about to commence work on a project or engaged with a Start-up. The course is an assignment based production of your project plan. Each section of project plan shall be explained within the course material, starting with project definition and ending with project closeout.
For entry to this course it is desirable that applicants be:
• Planning to lead a project or be part of a project team and have a project plan to complete.
• Proficient in English which is the language of the course and have access to the internet.
• Knowledgeable of the basics in word and spread-sheet applications.
• Open to learning about project information processing packages.
• Prepared to allocate between 6 – 10 hours per week to the course content and assignments.
What you get:
Eight lessons covering end-to-end Project Management Planning and Control.
Assignments aligned to your chosen project.
Access to course content on-line anywhere anytime.
1. ‘Inversions’– Long Term
Corporate inversion is a term for the relocation of a corporation's legal domicile to a country with a lower rate of corporation tax. Continued measures by the US treasury to stem the flow of inversions will adversely affect the Irish Economy’s Fiscal Space. The impact will be felt as a gradual process over the next decade.
2. ‘Immigration’– Short Term
Immigration will impact on the Irish economy both directly and indirectly.
Directly as immigrants are integrated into our economy - initial welfare payments and social housing provided will far outweigh tax contributions from migrants.
Indirectly as the fiscal space of other EU countries contracts due to initial costs of immigrant integration. The initial slowdown will have a short term effect on Irish exports.
3. ‘China’s economic Slowdown’– Short Term.
The recession in China will also have an indirect effect on our exports as it will impact all countries who supply them with goods and services.
Disappearing Fiscal Space will lead to Disappearing Public Sector Projects. To help prevent Public Sector Projects with these challenges Boyle Practical Project Management (BPPM) has started monitoring public projects to enable the transparent tracking of progress in a practical fashion in the public interest.
BPPM shall be providing updates on these projects on an individual basis in line withBPPM’s Templates.
The Challenges for Managing Public Sector Projects valued at €2.84 Billion
BPPM shall be providing updates on these projects on an individual basis in line with BPPM’s Templates.