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how do i setup a limited company?

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  • 13-09-2004 9:35pm
    #1
    Registered Users Posts: 731 ✭✭✭


    hi

    I want to setup a limited company....where do i start? I heard there is a website that will sort out most of the work for you...anyone know it?

    If not where do i start from there

    Tks

    Dwayne


Comments

  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Are you certain that you REALLY need a limited company? This imposes fairly serious ongoing obligations on you to meet the legal requirements for company reporting. The Companies Registration Office take no prisoners these days, and are quick to lash our substantial fines for late submissions. Check out Tommy McGibney's Guide to starting a new business to get a better idea of your options.


  • Registered Users Posts: 731 ✭✭✭dwayneburke


    RainyDay

    Tks or your response... i should have been a bit clearer...i was asked by my brother to start setting up a legal entity i.e. a company in name (so in the future anytime from 6 months to 2 years) we can begin trading immediatly.

    He cannot be seen to be getting involved in another business as per his present commitments therefore it is up to me to get the ball rolling..

    Bottom line i want to

    * Register a company name
    * Have the company/partnership as close to trading capibility as possible

    It may have a bit of manufacturing and consulting if that matters...

    Tks

    Dwayne


  • Registered Users Posts: 1,421 ✭✭✭Merrion


    I got an off the shelf deal from my accountant. You don't get to choose the name but this is much cheaper than going through the whole set up process yourself.

    Once you get started I thoroughly recommend that you get set up on the Revenue online system and pay your standard taxes through that.


  • Registered Users Posts: 3,774 ✭✭✭Nuttzz


    www.formations.ie will turn it around in a few days for 400-500 quid. Merrion is right about ROS, if you can project it correctly i would advise you to pay paye/prsi/vat via DD to


  • Closed Accounts Posts: 956 ✭✭✭midget lord


    Ok, you have a couple of options:

    1) Register a trading name say dwayneburke boards or something like that with the CRO. Basically this sets you up to trade and you can register yourself for Paye (if you are going to have any employees, Vat (if your estimated income is to be in excess of €63,500) and any other applicable taxes depending on the type of trading you will carry on.

    2) Set up a ltd company through your accountant (if you havent got one see your pm's). Basically he/she will be able to set it up for you and it will be given a CRO number. This enables you to set up vat and paye registrations under the company name, and of course corporation tax. There are very specific advantages of setting up a ltd, such as limited liability etc, the cro website will give you more info on that. Its possible to set up the company yourself through the CRO the disadvantage is that you will have to tailor your own Memo & arts of association form online templates, these are important legal documantation needed before the birth of your company. These will be provided for you by your accountant if you choose to go that route. Besides, there isnt too much in the price difference.


    Again, see your pm's for more details.


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  • Closed Accounts Posts: 324 ✭✭madramor


    company formation costs

    60 cro fee form a1
    1 capital dues minimum
    10 comissioner for oaths
    5.20 memos and articles from kings legal stationers

    76.20 total

    you will have to return form b1 yearly along with a profit and
    loss statement.Basic accounting book will help you do this, I use
    business accounting irish edition.

    www.cro.ie all the details are here

    People say there are a lot of regulations if you setup a company
    this is not true.
    If you setup a single member company(2 directors) and never do anything
    all you have to do is return b1 + PandL each year.


    you can register a business name for 30 euro, note anybody can
    register any business name.example you could register microsoft as
    your business name. Microsoft would probably sue you for trade mark infrigement.

    To protect your business name you can register a trade mark.
    Cost 70 to apply to register in each category i.e. food,software
    and another 170? if accepted


  • Closed Accounts Posts: 324 ✭✭madramor


    just had a look at that www.formations.ie website

    they link to a domain company that charges 95 euro
    to register a .com domain
    the standard price is 10 euro

    they also charge 31 euro for a company search service that is
    available for 2.50 euro on the www.cro.ie site


  • Registered Users Posts: 1,667 ✭✭✭MartMax


    generally speaking, private limited companies must file annual returns with audited accounts... unless they meet certain rules and avail audit exemption... as for newly formed companies... first annual return is 6 months after incorporation...

    when setting up a company. memorandum and article of association must be in place... and these docs must be properly prepared... at the end of the day, what ever you are doing with the company must not in against what you lay down in memo & art... that'be an offence...

    not trying to scare anyone here... but do a favour... form and run the company that you wanna setup properly... it could save yourself anyway... at least to not paying late filing fees every year to companies house...


  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    I want to set up a limited company too, principally in order to first secure a .ie domain name. It appears that unless I have categorical proof of my intentions (e.g. in the form of headed notepaper) I can't secure the domain name. The minions in the .ie office are very picky.

    I am told that setting up a company is the cheapest option. It is certainly cheaper than designing and printing stationery! ;-)

    Looking at the CRO website, there are four different types of limited company. Which one should I opt for? They are listed here>

    http://www.cro.ie/template_generic.asp?ID=3&Level1=1&Level2=1&Level3=0&Level4=0&Level5=0

    I should add that my business idea would be almost entirely web-based which is why I want to secure the .ie name, and its synonyms, before proceeding any further.

    Thanks in advance.

    D.


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Dinarius wrote:
    I want to set up a limited company too, principally in order to first secure a .ie domain name. It appears that unless I have categorical proof of my intentions (e.g. in the form of headed notepaper) I can't secure the domain name. The minions in the .ie office are very picky.

    I am told that setting up a company is the cheapest option. It is certainly cheaper than designing and printing stationery! ;-)

    Looking at the CRO website, there are four different types of limited company. Which one should I opt for? They are listed here>

    http://www.cro.ie/template_generic.asp?ID=3&Level1=1&Level2=1&Level3=0&Level4=0&Level5=0

    I should add that my business idea would be almost entirely web-based which is why I want to secure the .ie name, and its synonyms, before proceeding any further.

    Thanks in advance.

    D.
    All you need is a RBN (Registered Business Name) cert from the cro, cost €30, no ongoing costs. cheapest option.


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  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    Thanks, but I'm not so sure about that. I seem to recall asking the CRO about this and they said that, while I could register a business name, it doesn't do for the .ie crowd.

    Also, if I register a business name, it is not secure. e.g. I could register McCarthy's Pub, but so could some guy in Kinsale.

    Will check again on Monday.

    Also, I want to register three other .ie names that are similar. If I go the company route, I will get them without a hitch, apparently.

    D.


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    All i used to get a .ie domain was a RBN cert. Once you register your domain no one else can register it even if they register a RBN with the same name. You registered it first. PM me for full details.


  • Closed Accounts Posts: 914 ✭✭✭Specky


    All I used to get a .ie domain was a headed letter with a description of what I was going to use it for. No RBN. It was really surprisingly easy.

    I was going to register the .ie domain for my limited company a year or so ago and eventually didn't bother because it was too much hassle so I was surprised at how simple it has now become.


  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    Specky,

    Yes, I too was told that a letter on headed notepaper would suffice, but, as I wrote above, I don't want to incur the cost of stationery now.

    Many thanks.

    D.


  • Closed Accounts Posts: 914 ✭✭✭Specky


    ?????

    I typed my proposed website name at the top of a Word document, printed it out and sent it in!

    Robert, it then turned out, was my father's brother.


  • Registered Users Posts: 1,667 ✭✭✭MartMax


    u should be able to register for .ie domain if you have a registered business name... my employers are partnerships, not incorporated corporation.... and they have only registered business names.. they still manage to hold .ie domain names...


  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    Thanks guys.

    Will follow it up today.

    D.


  • Closed Accounts Posts: 324 ✭✭madramor


    "Thanks, but I'm not so sure about that. I seem to recall asking the CRO
    about this and they said that, while I could register a business name, it doesn't
    do for the .ie crowd."


    why don't you ask "The minions in the .ie office" if this is the case rather
    than asking people from the cro who have absolutely nothing to do with .ie
    registration

    first thing you should do is check
    http://www.patentsoffice.ie/eRegister/Query/TMQuery.asp
    and
    http://oami.eu.int/en/CTMOnline/RequestManager/SearchBasic?transition=start&source=Log-in.html&language=en&application=CTMOnline
    to make sure the name you are planning to use is not trademarked

    also if you are planning to setup an online business, you should setup a
    company as it give customer the feeling that they are dealing with a
    professional, trustworthy organisation.

    Plus if you want to open a bank account or setup a credit card payment
    system you will need more than a word document with your name on it.


  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    madramor,

    Many thanks. Very useful exercise.

    My proposed name has not been registered with the Patent's Office. Nor have any of the other three names that are similar to it.

    However, three of the four have been registered with OAMI. Does this matter? My idea would only be relevant within Ireland, or to those doing business here. One of the names has been registered in the UK - the one that I would use principally.

    For the sake of €30 I will register it anyway.

    By the way, it wasn't the CRO that told me about a business being unacceptable for .ie purposes. It was a domain name registration company (intermediary). However, they qualified that this morning by saying that it might not be the case. Apologies for the confusion.

    Many thanks.

    D.


  • Closed Accounts Posts: 324 ✭✭madramor


    save your money

    check out http://www.patentsoffice.ie/search.html

    The National Database contains details of all trade mark applications filed with this Office and includes details of International registrations designating Ireland under the Madrid Protocol. The Community Trade Mark database contains details of all applications for registration of Community Trade Marks filed with the Office for Harmonisation in the Internal Market (OHIM). Registered Community Trade Marks are protected in all 15 Member States the EU.

    I made the mistake of getting a couple of .ie example(MyGreatCompany and
    mgc.ie)
    and had to change my company name due to a trademark conflict lost 100+vat, because i never checked the trade mark register.


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  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    madramor,

    Thanks for that.

    I am only concerned about the domain name. I already have a company registered (Net Assets) that I can bring it in under.

    Question: Can I register a .ie domain name and use it if it is already registered in one of the 15 countries? Or can that other company come calling and tell me not to use it?

    Ta.

    D.


  • Closed Accounts Posts: 324 ✭✭madramor


    i forgot the reason i had the problem was because the company that
    had the trade mark was in the same business as me.

    so if the trade mark is registered in say (food services area) and its called,
    hyper foods and they trade mark hyper, you could have a financial services
    company called hyper services and register hyper in (financial service area)

    netassets (if this is the one you want ) is registered in 9, 36, 38
    so if your business does not come under these classifications, you are ok

    MERCHANT HOUSE,
    BLARNEY,
    CO. CORK.
    is this you if so you registered in 23/09/1998 and the trademark was 2001, so if they
    go after you for breach of trade mark you have a case, but they can still go after you

    Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

    Class 36 Insurance; financial affairs; monetary affairs; real estate affairs.

    Class 38 Telecommunications.


  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    madramor,

    Yes Net Assets is me.

    What I want to do is register another word as a business name and secure its .ie domain name. I also want to secure three other similar sounding domains.

    As I wrote above, my key word has already been registered with OAMI. In addition, those who registered it are in the same business (in the UK) as I want to start here. (Being brutally honest about it, I want to start here what has been a proven success in the UK and make my business a takeover target from the off. ;-) )

    Can I be prevented from using the name here for a similar business? If so, I can always use one of the other three names, while still securing the other one to prevent them competing with me without negotiating with me - A bit like GAP clothing never opening in Ireland for a similar reason.

    Ideally, I would like to use the first choice name.

    Any thoughts?

    Thanks.

    D.


  • Closed Accounts Posts: 324 ✭✭madramor


    trade marks where created to protect something (like a business) name that
    someone has put a lot of work and effort into, to develop.

    the company would have no need to take you over, all they would have to do
    is sue you for breach of trademark,
    this means you would:

    have to pay their legal fees if you contest the case
    have to stop using the business name


  • Registered Users Posts: 3,405 ✭✭✭Dinarius


    madramor,

    Thanks for that. Had a long discussion with the Patent's Office today and they said pretty much the same thing.

    I will instead register one of the other three names and then secure all four .ie domains, including the trademarked one.

    D.


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