including the establishment of a digital default for the submission of incorporation applications, company notices and liquidation requests to the IRoC. All companies incorporated after 27 June 2023 must have a digital address – an email address or mobile phone number to be used for communication between the registrar and the company. In fact, two digital addresses are needed: an email address, which will be visible to the public, and a second email address or mobile phone number, for use by the registrar only. Once registered, this digital address is used by the registrar for all mailings to the company. There is a ‘presumption of delivery’, which means these electronic mailings are treated as if they were sent by regular mail to the registered office of the company. Companies are obliged to inform IRoC of any changes to the digital name or address within 14 days of the change. Applications for company registration, company notices and liquidation requests must now be submitted online. The registrar may allow the submission of a paper application, but only under special circumstances. Companies incorporated before 27 June 2022 can opt not to communicate digitally with the IRoC, for an interim period of two years (until June 2024). During this period, public bodies like the IRoC can only use digital communications to send warning messages to a company that has opted out. This might be an urgent message regarding an imminent threat to the health or safety of a person or cause serious damage to a property. Once the interim period has ended, all public bodies will be allowed to send mailings to companies digitally. In November 2022 the IRoC introduced an online-only enquiry service. This ticketing-based service enables businesses to submit written enquiries The paperless system implemented by the IRoC has dramatically accelerated the process of registering with, reporting to and communicating with the governmental body. 44 LAWYER MONTHLY AUGUST 2023
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