Companies Act 2014 section 996

Exemption from filing with Registrar financial statements, etc.

Section 996 provides an exemption from the normal financial statement filing requirements for Designated Activity Companies (DACs) formed for charitable purposes, subject to an order from the relevant charity authority, and sets out alternative filing obligations that apply in place of the standard rules.

  • A charitable DAC may be exempted from the standard requirements to annex financial statements and related documents to its annual return, provided the relevant charity authority grants an exemption order (for a limited or indefinite period).
  • Unless the DAC qualifies for and has availed of the small company or dormant company audit exemption, its statutory auditors must prepare a separate report to the directors confirming the audit was carried out and incorporating the auditors' report to members.
  • A copy of this auditors' report must be annexed to the annual return filed with the Companies Registration Office, with signatures and dates shown in typeset form and accompanied by a certificate from a director and the company secretary confirming it is a true copy.
  • The relevant authority is the Commissioners of Charitable Donations and Bequests for Ireland (before the Charities Act 2009 establishment day) or the Charities Regulatory Authority (on or after that day).

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