Am I legal to open a company here?

dcenrie

Hi all,

I'm non-EU, holding a work permit in this country. I want to register a food company(limited company). I search from the CRO website, it says I need at least 2 directors and 1 secretary. And the director can be the secretary as well. One of the directors must be in Ireland.

So I'm thinking of puting one of my family members (who is not in Ireland) as the director, and myself as the 2nd director. But I hava a few questions that need your help:

1. Can my family memeber who is not in Ireland to be the director and also to be the secretary?

2. Am I legal to be a director of a company as a work permit holder?

3. What the duty of a director? does it mean that the director must work for this company ? or he can be someone just holding shares, but does not need to work for the company?

4. Must the director hold the shares or someone else can ?

5. For the company office, can it be a home address, but not some industry unit?

Many thanks for any help in advance!!!

browne_rob5

1. Yes your family member can be a director and secretary as long as the other director (you) is Irish resident. He can also be the secretary however I would recommend that you would make yourself secretary as the secretary receives all correspondence from CRO etc.
2. Yes you are allowed to be a director as you are Irish resident.
3. The main duties of the directors and secretary is to file annual returns and abridged accounts along with maintaining proper books and records. There is a booklet available on this from the DOCE website I think. The director does not have to receive a salary from the company or work for it.
4. The director does not have to hold shares. Shareholders appoint the directors so they can appoint themselves or someone else.
5. Your company address can be your home address.

I would recommed that you go to an accountant for further information as setting up a company and filing tax returns can be quite complicated. You will need one to complete and file accounts anyway.

MartMax

eerrr... regardless of what browne_rob5 said in his post, Non-EEA Nationals who wish to pursue a business activity (in a capacity other than as an employed person for whom an employer would have to obtain a work permit) must first obtain Business Permission

brief information is available on this website

MrMatisse

Put simply- No

It would be really tough to leave a work permit and get business permission. Youd also have to be setting up a business with a start up capital of a few hundred thousand.

The detail is here www.entemp.ie

browne_rob5

mart_max wrote: »

eerrr... regardless of what browne_rob5 said in his post, Non-EEA Nationals who wish to pursue a business activity (in a capacity other than as an employed person for whom an employer would have to obtain a work permit) must first obtain Business Permission

brief information is available on this website

Sorry I was not aware of business permission.

thecleverone

The business permission issue aside

Yes your family member can be a director and secretary as long as the other director (you) is Irish resident. He can also be the secretary however I would recommend that you would make yourself secretary as the secretary receives all correspondence from CRO etc.

This is true, but bear in mind that when opening a bank a/c for a limited company, sometimes both directors are required to be present at the bank when opening the a/c. Not always but its best to check this out as it could be awkward for the second director to come over just to open the a/c