What is changing?
Section 35 of The Companies Corporate Enforcement Act (2021) which has not yet commenced will require Directors to file their Personal Public Service Numbers (PPSNs) with the CRO when incorporating a new company, being appointed as a Director of an existing company, updating Directors details and when filing the company’s annual return.
This information will be included in the Forms;
Form A1- Company incorporation,
Form B1 – Annual return, and
Form B10 – Change of director and, or in their particulars.
This is estimated to come into force during Q2 2023 and the CRO.
Why do I need to disclose my PPSN?
The requirement to disclose PPSN’s is aimed to help protect against identity theft concerning the set-up of new companies that have used bogus director details and addresses or individual names without their permission as the PPSN is unique to the individual.
It is also intended to streamline difficulties encountered in obtaining a list of directorships when Directors are using variations of their names when filing with the CRO such as ‘Thomas’ and ‘Tom’ or changing their address.
What do I need to do now?
We would encourage all filing agents and company officers to begin the process of confirming the Directors PPSNs now, as any delay in this could cause a knock-on effect for the incorporation of companies, registration of Form B10s and with annual return filings which could result in late filing fees and the loss of audit exemption for companies.
Company Directors should ensure that they are aware of their PPSN and the variation of their name that is registered with the Department of Employment and Social Protection (DEASP). It is likely minor name difference will not cause a rejection e.g.: ‘Pat’ to ‘Patrick’, ‘Dave’ to ‘David’ etc
The Director's Date of Birth must also match with DEASP records, if the date of birth does not match with the DEASP database the CRO will reject the form in question.
What if I do not have PPSN?
If a Director does not have a PPSN, there will be an alternative process and this is expected to be a similar to the BEN2 RBO Transaction Number which was introduced in 2019 for Beneficial Owners who do not have a PPSN. As of the date of publication, the method of filing for these individuals has not been detailed by the CRO.
Am I still required to include my Name, Date of Birth etc on CRO Forms?
Yes, alongside the requirements under Section 22 CA2014 and Section 149 CA2014 to include;
his or her present forename and surname and any former forename and surname;
his or her date of birth;
his or her usual residential address;
his or her nationality;
his or her business occupation, if any; and
particulars of any other directorships of bodies corporate, whether incorporated in the State or elsewhere, held by him or her or which have been held by him or her.
You will also be including the PPSN from its commencement on Form B1, B10 and A1.
Will my PPSN be on the public register?
PPSN’s will be used for validation purposes only and will not be available for the public to access on the CRO or sites where such information can be searched.
The CRO will also not be able to view the PPSN as it will be hashed.
What do I need to file with the Companies Registration Office?
There will not be any additional forms required to be filed with the CRO like there was for the implementation of the RBO. The PPSN’s will not be required to be filed until the next filing is due with the CRO, i.e. a Company Formation, Change of Directors Details or Appointment and Filing the Annual Return for your company.
How can we help?
The OmniPro Corporate Consultants team will release blogs and webinars on this topic as information is released from the CRO.
If you require assistance or advice in relation to any of the above matters, please contact our team on 053 91 000 00 or email [email protected].
Please note this information is accurate as of the time of publication but is likely to develop over Q2 of 2023.