someone help us out here

miju

I'm setting up a Ltd company and I had a book that had a template of the articles & memorandum of association which has gone missing and left me in the lurch cos I can't find another copy anywhere.

So my question is this PPL can anyone point in the right direction of where I can get my hands on some templates for the articles and memorandums of association I'd be forever grateful

Victor

Try www.cro.ie, they might have samples.

miju

nope fraid not I've looked all over that site and all they got is forms forms and more forms

imfree

Ask somebody that already has a company for a loan of their memorandum and copy it.

miju

(apologies for the smart arsedness in advance)

But if I knew someone who runs a Ltd company do not think that would be one of my 1st ports of call mate?:D

esentziak

if you still have not got a sample , email me your address at esentziak@hotmail.com and I'll post you some.

This will be my BA for the week.( BA = bonne action = good deed.)

esentziak

miju

no it's OK now esentziak

it's all been sorted now but thanks anyway

sci0x

Originally posted by esentziak
if you still have not got a sample , email me your address at esentziak@hotmail.com and I'll post you some.

This will be my BA for the week.( BA = bonne action = good deed.)

esentziak

Hey, i could use those samples of the Articles and Memorandum if you still have them please or does anyone else have samples of them? Also has anyone any advice/experiences for a young web company.

Our man in Havana

Originally posted by sci0x
Hey, i could use those samples of the Articles and Memorandum if you still have them please or does anyone else have samples of them? Also has anyone any advice/experiences for a young web company.

They are the exact same for every company except the name and object clause. I think they keep the templates secert so that people can charge €400 to do it for you.

sci0x

ahh nooo. So i guess i wont be getting samples off of anyone here

esentziak

give me your email address and I will scan them and email them to you or give me a postal address and I will photocopy them and post them to you.

No charge! these are just standard articles of association.

However, if you have something very specific in mind, you would be better off going through a solicitor or accountant to check that standard statutes are OK for your company.

I am not in the company formation business, nor a lawyer or an accountant, just happen to have some of these handy.

Quite happy to help as I have received good advice and help from newsgroups in the past. What comes around....

esentziak

sci0x

Originally posted by esentziak
give me your email address and I will scan them and email them to you or give me a postal address and I will photocopy them and post them to you.

No charge! these are just standard articles of association.

However, if you have something very specific in mind, you would be better off going through a solicitor or accountant to check that standard statutes are OK for your company.

I am not in the company formation business, nor a lawyer or an accountant, just happen to have some of these handy.

Quite happy to help as I have received good advice and help from newsgroups in the past. What comes around....

esentziak

Thanks a million!

Now could anyone give me advice/experiences you have had for a young web company?

Specky

Well there are certain clauses in each that will be different for different companies depending on the company activity (although a lot of this has become so generic now that they're all pretty much the same) and of course there are all the clerical differences like the different company names, dates etc.

The big question has to be.....why are you bothering doing this???

Go to a company formations company, pay the money, walk away with the finished package...

Do it yourself takes time (which as the old saying goes equals money), there is a danger you can get it wrong (then you'll either get knocked back by the CRO or you'll have The Enforcer down on you in a couple of years....yes there is such a person, he's charged by the government with enforcing company law and he can shut you down).

When you buy a house you can do your own conveyancing....but very few people do. If you go to court you can represent yourself...but very few people do.

If you're intending to run a business one of the first things you're going to need to learn is what is economy.

Doing things yourself because it costs less money often isn't economy. You're not an expert so there's a chance you'll do it wrong, it'll probably take you longer to do than it would an expert and if it's done wrong you have no-one to blame but yourself...and hence you'll suffer the consequences...if someone else does it wrong for you then you at least have the possibility of some legal recource.

You can get exactly the company you want, with the name you want and have it set up within days for a few hundred Euro (I've done it a number of times now and I have to admit the cost seems to keep going up here in Ireland whereas the cost keeps going down in the UK which is odd). If you don't have a few hundred Euro to commit to this then I'd think very carefully about whether you need / are ready to set up the company anyway...

If you just need a limited company as a "legal entity" with which to do something then buy an off the shelf company. They cost very little and you can literally walk in off the street and walk away with one. You have to take the name you're given on the day but you can change that later and there are generally a choice of a few available....so you won't get lumbered with Peni$ Holdings or something...

You do realise that it costs money to operate as a limited company in that you have to make annual returns and you have to have your accounts audited annually.

You don't HAVE to be a limited company to operate as a business, and if you're just starting and can't afford to set it up it sounds to me like you'd be better off operating as a sole trader for a while. At lest it won't cost you anything and you won't need to mess about with the CRO.

If, on the other hand, you're doing this because you think it sounds good and would like to be able to puff your chest out in front of your mates and tell them you own your own company then get a life!

Our man in Havana

You do realise that it costs money to operate as a limited company in that you have to make annual returns and you have to have your accounts audited annually.

Annual return costs €30. If your company is below a certain size has fewer than 50 employees your accounts do not need auditing.

You don't HAVE to be a limited company to operate as a business, and if you're just starting and can't afford to set it up it sounds to me like you'd be better off operating as a sole trader for a while. At lest it won't cost you anything and you won't need to mess about with the CRO.

It could cost you everything. Sole trader=unlimited liability. At least with a limited company you get the protection of limited liability in exchange for compling with the Companies Acts. Should the worst happen you only loose what you put into the company.

My €0.02

commuterised

Originally posted by imfree
Ask somebody that already has a company for a loan of their memorandum and copy it.

I have a company but my bank keeps my memorandum in their offices.

Our man in Havana

Originally posted by commuterised
I have a company but my bank keeps my memorandum in their offices.

Why does a bank hold on to these?
Surely you were given more than 1 copy of them.

Our man in Havana

Originally posted by the-raptor
I'm setting up a Ltd company and I had a book that had a template of the articles & memorandum of association which has gone missing and left me in the lurch cos I can't find another copy anywhere.

So my question is this PPL can anyone point in the right direction of where I can get my hands on some templates for the articles and memorandums of association I'd be forever grateful

Sorry i didnt think of this earlier. Find the name of a company with similar ideas to yours, eg web. Go to the CRO and ask for a copy of the memo and articles and there you go. Costs about €3

Specky

It could cost you everything. Sole trader=unlimited liability. At least with a limited company you get the protection of limited liability in exchange for compling with the Companies Acts. Should the worst happen you only loose what you put into the company.

Yes obviously, but I suspect that this company isn't about to do a million Euro deal (ff the financial burden of using a company formations agent to set it up is too great to bear..)

If you're not purchasing huge quantities of stock and you're not making yourself liable to damages resulting from a customer not being satisfied with your product/service then it is quite common to begin as a sole trader and only become limited when you need to. It's a lot easier to walk away from a sole trader business than it is a limited company....I seem to recall there was a thread covering this subject only recently....

Annual return costs €30. If your company is below a certain size has fewer than 50 employees your accounts do not need auditing.

Yes, but I think you have to be pretty damned small to get by this...seem to recall we had to be audited in our first year and we only turned over about IRL£40,000 I think...maybe the rules have changed.

But anyway, if you're not an accountant and you're not married or closely related to one (or a very experienced bookkeeper) you'll probably have to pay one to sort your books and make the return for you and that WILL NOT cost you €30!

Sorry, I know these stories of going it alone and bucking the system and doing it yourself are all very inspiring but if you're going into business you'd better be serious about it otherwise you're just going to cause yourself a lot of un-necessary hassle and cost yourself money (limited liability or otherwise).

Get professional advice, use professional services (don't just trust them because they're wearing a suit and sitting behind a desk but sometimes they're there for a reason) so ask questions, make use of experts, do it right, don't do it on the cheap because you've got no money...if you're really going in to business you'll know what it's like to have no money pretty soon anyway, limited or not.

sci0x

Thanks for the advice guys.

Victor

Originally posted by Bond-James Bond
Annual return costs €30. If your company is below a certain size has fewer than 50 employees your accounts do not need auditing.

Also costs you in corporation tax (or PRSI) depending on how you take profit - as dividend or salary.