Credit Union Act 1997

Annual accounts.

111

111. (1) The directors of a credit union shall prepare or cause to be prepared, with respect to each financial year—

( a) an income and expenditure account giving a true and fair view of the credit union's income and expenditure for that year,

( b) a balance sheet giving a true and fair view of the state of its affairs as at the end of that year, and

( c) any statement required by the body of accountants (referred to in section 114 (1)(a) ) of which the auditor is a member to be included with the annual accounts so that the annual accounts together with the statement or statements give such a true and fair view as is referred to in paragraph (a) or, as the case may be, paragraph (b),

and each of these shall be in such form and shall contain such particulars F236 [ as the Bank may prescribe ].

(2) Unless the F237 [ Bank ] otherwise allows, for each financial year, the income and expenditure account, the balance sheet and the statement or statements referred to in subsection (1)(c) shall, where applicable, include corresponding particulars for the preceding financial year.

(3) The annual accounts shall also contain such supplementary information as is required by or under this Act.

(4) A credit union shall not publish, for any financial year, any income and expenditure account, balance sheet or statement unless—

( a) it has been previously audited by the auditor last appointed to audit the annual accounts of the credit union, and

( b) it incorporates a report by the auditor stating whether in his opinion it complies with paragraph (a) or paragraph (b) of subsection (1), whichever is applicable in that case, and

F238 [ ( c ) it has been signed by the manager of the credit union, by a member of the board oversight committee acting on behalf of that committee and by a member of the board of directors acting on behalf of the board. ]

F239 [ (5) If, in relation to any income and expenditure account or balance sheet of a credit union for a financial year, a member of the board of directors fails to take all reasonable steps to secure compliance with the provision of subsection (1) which is applicable in that case, the member shall be guilty of an offence and liable on summary conviction to a class C fine unless the member proves that there were reasonable grounds for the member to believe that a competent and reliable person was charged with the duty of seeing that the relevant provision was complied with, and was in a position to discharge that duty. ]

(6) The accounts prepared with respect to a credit union’s financial year under this section together with the notes to them are referred to in this Act as the “ annual accounts”.

Annotations:

Amendments:

F236

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 99, S.I. No. 393 of 2013.

F237

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 75, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26.

F238

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 100, S.I. No. 393 of 2013.

F239

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 101, S.I. No. 393 of 2013.

Editorial Notes:

E73

Previous affecting provision: subs. (1) amended (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 75, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26; further amended as per F-note above.