Problems with a company CRO number (or lack of)

raindog.promo

Hi,

I'm not too sure if this is the right place to post this, I'm also posting in consumer issues but I read some other posts and you lot seem to know a lot about CRO's.

I am looking to take someone to the small claims court but they have not registered their business with the CRO.

I have been onto CAI, Revenue, CRO and DETE and possibly some other people, I have been doing a lot of ringing around and the only answer I got besides "I dunno, did you try ... (insert CRO, REVENUE or CAI)" was that the DETE would send send them out a letter asking them to register which would take around 6 months.

Is there nothing else that can be done? not registering the business name is illegal isn't it?
Surely if the person is trading there has to be a tax record?

I'm pretty stumped. Any recommendations of people I can contact for advice or any clarification on CRO issues would be greatly appreciated.

Thanks

aspen01

Have you checked already for the business name online on http://www.cro.ie/ - just click on 'company search'.
A search in Google for the assumed company name can provide also useful information
I don't know your problem exactly, but if you are dealing with a company who is operating illegally and without registration then you should go to the police. It is required that the company registers at least as a Sole Trader if it's a person doing business in Ireland. However, a sole trader doesn't need to register for VAT with the tax office if the turnover is low enough.

MartMax

this is from CRO website in regard of business name:

Registration of a business name is obligatory if any individual or partnership (whether composed of individuals or bodies corporate or any combination of both) or any body corporate carries on business under a name other than their own true names. Its purpose is to make public the identities of those individual(s), partnerships or corporate bodies being the legal entity behind the business name.

in relation to taxation, i might be wrong but i suppose a trading company or even individual should have records with Revenue Commissioners. those records however won't be something you can access yourself for privacy reasons.

if otherwise, that trading person or entity is likely to be operating illegally or evading/avoiding tax. now that's another story.

raindog.promo

Yet all DETE do is send them a letter asking them to register. And this takes up to 6 months.

blue4ever

Many people have a trading name but never register it – but use it all the same. Look in any Directory (GP etc) and you will fing all sorts of “trading names” many not registered.
But what’s stopping you taking the individual to the SCC - regardless of how he/she presented their ‘company’

raindog.promo

Sorry, what's the SCC?

thecleverone

I presume its the Small Claims Court?

raindog.promo

Doh!

mneylon

A business name (trading name) is just a name that a person or persons use for their business. It's not a legal entity like a company, so you'd be suing the person behind the business anyway

Accountant

This is obviously not a company, so in legal terms, you are chasing an individual and not a business.

You need to get the individuals name.(if possible PPS no, Vat no)... If he/she is not registered with the revenue, you can report for not registering income.


But if you have a name and address the small claims court is your first port of call