Ireland · Branches, existing bodies, public offers and investment companies
Registering an unregistered body corporate and registering a joint stock company
the Companies Act 2014 · sections 1312, 1316 to 1319, 1322, 1338 to 1340, 1342, 1344 and 1345
Where the problem is
The consent process runs on a fixed sequence of days. Before a registration resolution is moved, a statement in accordance with section 1316(4) must be sent 21 days before the date of the meeting (section 1316(3)). The application must then be made within 30 days after the date of the meeting at which the assent was given (section 1316(7)). An application made outside that window requires the process to begin again.
The status of a body that comes into existence after commencement is fixed by the Act rather than by its own constitution. A body referred to in section 1312, other than an excluded body, that comes into existence on or after the commencement of the section is dealt with as section 1312(9) provides. A body that assumes it can carry on outside the Act because it predates a change in its own rules has misread the section.
What the Companies Act 2014 requires
Sections 1312 and 1316 to 1319 govern the registration of unregistered bodies corporate as companies: which bodies may be registered, the resolution, the statement to members and the documents to be delivered. Section 1322 governs the further consequences of registration.
Sections 1338 to 1340, 1342, 1344 and 1345 govern the registration of joint stock companies. Before registration, the documents section 1339 lists must be delivered to the Registrar. Registration changes the legal regime under which the body operates, so obligations that did not previously apply begin to apply from the date of registration.
The tool that solves it
Files 170 and 171 of the IE-COMPANY package cover this situation. File 170 works through the registration of an unregistered body corporate: the resolution, the statement, the dates and the documents delivered. File 171 works through the registration of a joint stock company and the documents section 1339 requires, and asks how the body's property and obligations were dealt with on registration.
This situation is covered by these files from the pack IE-COMPANY
- File 170 · Registration of unregistered bodies corporate as companies
- File 171 · Registration of joint stock companies
Files for this situation
Free · this situation only
The working files named above cover this situation. You take them from your free ComplianceSME account when this situation arises, and you come back to the site for the next situation.
You take the starter pack first: PRINT_ME_FIRST.pdf, the training file T_TRAIN, the four volumes of the reference file T_HELP, and File 1, which builds the ENTITY_PASSPORT.md that the other files require. The situations open in your account once you have taken the starter pack.
Take the files for this situationThe free system
Free · with a free account
The ComplianceSME system for the Companies Act 2014 is free. It needs a free ComplianceSME account and runs inside your own Claude account. It holds 215 working files, the training file, the reference file in four volumes, the regulation analysis, the final review with the gap analysis, and the report assembly. You take the starter pack first, and after that the files for one situation at a time, as each situation arises.
The starter pack holds PRINT_ME_FIRST.pdf, the training file T_TRAIN, the four volumes of the reference file T_HELP, and File 1, which builds the ENTITY_PASSPORT.md that every other working file requires. Print PRINT_ME_FIRST.pdf and read it before any other file.
The system runs in your own Claude account. Upload the files, type START, and the system asks you one question at a time until it has built your documentation, citing the section at every point.
Take the starter packComplianceSME tracks the Companies Act 2014 and issues update files through the membership, so that you are never working from a superseded version. Membership