Document ID: chunk:federal_register_of_legislation:C2004A03179:body:0:p3
Version: federal_register_of_legislation:C2004A03179
Segment Type: other
Provision Reference: 
Character Range: 5108–7848

of section 264
6. Section 264 of the Principal Act is repealed.

Exemption of certain companies
7. Section 265 of the Principal Act is amended by omitting from sub-section (1) "if there is included in the annual return a certificate by the secretary that the company is of a kind to which this sub-section applies".
8. After section 265 of the Principal Act the following section is inserted in Division 5 of Part V:

Information in annual return deemed to satisfy certain other lodgment requirements
"265a. Where—
    (a) a company is or was required by or under a provision of this Act to lodge a document with the Commission; and
    (b) without having so lodged the document, the company lodges with the Commission in accordance with this Division an annual return of the company that sets out all the particulars that are or were required by or under that provision to be set out in the document,
then, for the purposes of this Act—
    (c) the company shall be deemed to lodge the document with the Commission at the time when the company so lodges the annual return; and
    (d) the document shall be deemed to consist of so much of the annual return as sets out the particulars referred to in paragraph (b).".

Profit and loss account, balance-sheet and group accounts
9. Section 269 of the Principal Act is amended—
    (a) by omitting from sub-section (9) ", before the auditor reports on the accounts under this Part,";
    (b) by omitting from sub-paragraph (9) (c) (ii) "and";
    (c) by inserting after paragraph (9) (c) the following paragraph:
        "(ca) where the company, pursuant to section 279, did not appoint an auditor to audit the accounts—stating whether the company has, in respect of the financial year—
             (i) kept such accounting records as correctly record and explain the transactions and financial position of the company;
             (ii) kept its accounting records in such a manner as would enable true and fair accounts of the company to be prepared from time to time; and
             (iii) kept its accounting records in such a manner as would enable the accounts of the company to be conveniently and properly audited in accordance with this Act,
        and whether the accounts have been properly prepared by a competent person; and";
    (d) by inserting after sub-section (9) the following sub-section:
    "(9a) The directors of a company shall comply with sub-section (9) in relation to accounts of the company—
        (a) unless paragraph (b) applies—before the auditor reports on the accounts under this Part; or
        (b) if the company, pursuant to section 278 or 279, did not appoint an auditor to audit the accounts—not less than 14 days before the annual general meeting