JIS News

Companies that have outstanding documents to be filed and are in breach of the Companies Act, may face removal from the register of companies. Speaking with JIS News, Deputy Chief Executive Officer at the Companies Office of Jamaica (COJ), Shellie Leon, said that under the 2004 Companies Act, company officers are required to file with the COJ, the Particulars of Directors and Company Secretary; Registered Office Notice and any changes made to this information, as well as an Annual Return.
She is therefore urging companies to file these documents to ensure compliance with the Companies Act and to prevent their businesses from being removed from the register.
Explaining, the Deputy CEO said that the first return filed by a company upon incorporation is the Registered Office Notice, which should be submitted with the incorporation document.
Additionally, the notice of appointment of the company secretary must be forwarded to the COJ within 15 days of incorporation, while particulars of the company directors should be submitted within 14 days.
“The annual return contains a company’s information on the registered office, current list of directors, shareholders and their shareholding, share details and transactions for the year,” Miss Leon explained.
The annual return is filed on a yearly basis, therefore an “annual return for a company that was formed under the Companies Act 2004 would be due no later than one year from the date of incorporation, while the return for an existing company would be due no later than a year from the date to which the last annual return was made up,” she said.
In relation to the maintenance of company records, company officers are urged to provide accurate information and consistently update the COJ on changes to documents already filed. The COJ is emphasizing the need for the necessary information to be supplied on forms where applicable, and in accordance with the standards outlined in the Regulations to the Companies Act 2004.
Meanwhile, Business Registration Manager, Camille Neil, emphasized the need for companies to comply to prevent being struck from the register.
She explained that, “a company that has not been in regular contact with the COJ.they have been remiss in filing the annual documents, they have moved from the location where they started business and haven’t informed the registrar and all our attempts to find this company have proven futile, puts us in a position to remove that company from the register.”
For a company that has been removed and wants to be restored to the register, Ms. Neil informed that the company would have to apply to the registrar and fulfill certain requirements.
The company must have been removed from the register within the last 20 years and the application should be made by a company aggrieved by the removal, a member of the removed company or a creditor.
Additionally, the company should be able to show that it was carrying on business or in operation at the time of its removal.
Ms. Neil further pointed out that upon submission of the application, the applicant is given a date for a hearing after which a restoration order is granted if the company satisfies all requirements.
Persons, who may have queries or need additional information may call the COJ at 908-4419-24 or visit the company’s website at www.orcjamaica.com.

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