Companies Act 2014

291.

Companies Act entity financial statements

291. (1) Companies Act entity financial statements in relation to a company for any financial year of it shall comprise—

(a) a balance sheet as at the financial year end date,

(b) a profit and loss account for the financial year, and

(c) any other additional statements and information required by the financial reporting framework adopted in relation to the company.

(2) Companies Act entity financial statements shall give a true and fair view of the assets, liabilities and financial position of the company as at the financial year end date and of the profit or loss of the company for the financial year.

F67 [ (3) Companies Act entity financial statements shall

(a) as to the accounting principles to be applied, the form and content of the balance sheet and profit and loss account and the additional information to be provided by way of notes to the financial statements, comply with

(i) in the case of a company that does not qualify for the small companies regime, the provisions of Schedule 3 ,

(ii) in the case of a company that qualifies for the small companies regime, the provisions of Schedule 3A or, if the company so elects, the provisions of Schedule 3 , or

(iii) in the case of a small company that qualifies for the micro companies regime, the provisions of Schedule 3B or, if the company so elects, the provisions of either Schedule 3A or Schedule 3 ,

(b) comply with applicable accounting standards, and

(c) comply with the other provisions of this Act. ]

F68 [ (3A) Companies Act entity financial statements shall state the following:

(a) the name and legal form of the company;

(b) the place of registration of the company and the number under which it is registered;

(c) the address of its registered office;

(d) where the company is being wound up, the information required by section 595 . ]

(4) Where compliance with F69 [ Schedule 3 or 3A , as the case may be, ] applicable accounting standards and the other provisions of this Act as to the matters to be included in entity financial statements (or in notes to those financial statements) would not be sufficient to give a true and fair view of the matters referred to in subsection (2), the necessary additional information shall be given in the entity financial statements or a note to them.

(5) If in special circumstances compliance with any of the provisions of this Act (even if additional information were provided under subsection (4)) is inconsistent with the requirement to give a true and fair view of the matters referred to in subsection (2), the directors of the company shall depart from that provision to the extent necessary to give a true and fair view.

(6) Particulars of any departure under subsection (5), the reasons for it and its effect shall be given in a note to the financial statements of the company.

F70 [ (6A) In the case of a micro company that elects to adopt the micro company regime, it shall be presumed that compliance with

(a) Schedule 3B ,

(b) applicable accounting standards, and

(c) the other provisions of this Act,

shall be sufficient to give a true and fair view of the matters referred to in subsection (2) , and accordingly, subsections (4) , (5) and (6) shall not apply to a company that qualifies for the micro companies regime. ]

(7) A company shall ensure—

(a) that its Companies Act entity financial statements include a statement as to whether they have been prepared in accordance with applicable accounting standards and identify the standards in question, and

(b) that any material departure from those standards, the effect of the departure and the reasons for it are noted in the Companies Act entity financial statements.

(8) Accounting standards are applicable to a company’s entity financial statements if those standards are, in accordance with their terms, relevant to the company’s circumstances and those entity financial statements.

(9) If a company fails to comply with any of subsections (2) to (7), the company and any officer of it who is in default shall be guilty of a category 2 offence.

(10) In any proceedings against a person in respect of an offence under subsection (9), it shall be a defence to prove that the defendant had reasonable grounds for believing and did believe that—

(a) a competent and reliable person was charged with the duty of ensuring that the provisions of the subsection concerned were complied with, and

(b) the latter person was in a position to discharge that duty.

(11) In subsection (9)“officer” includes any shadow director and de facto director.

Annotations

Amendments:

F67

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 17(a), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F68

Inserted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 17(b), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F69

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 17(c), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F70

Inserted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 17(d), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

Modifications (not altering text):

C32

Section applied with modifications (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 11, in effect as per reg. 1(2), (3).

Application of section 291 of Principal Act

11. Section 291 of the Principal Act shall apply to a qualifying partnership as if -

(a) subsections (3)(b), (6A)(b), (7) and (8) were omitted,

(b) subsection (3A) read:

“(3A) Companies Act entity financial statements shall state the following:

(a) the firm name of the qualifying partnership;

(b) in the case of a limited partnership, the place of registration and the number under which it is registered;

(c) the address of the qualifying partnership’s principal place of business;

(d) where the qualifying partnership is being wound up under the Principal Act, the information required by section 595.”,

(c) in subsection (4), the reference to “applicable accounting standards” were omitted, and

(d) in subsection (9), “subsections (2) to (6)” were substituted for “subsections (2) to (7)”.

C33

Application of subs. (9) extended (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 42(1), (2), in effect as per reg. 1(2), (3).

Offences

42. (1) A qualifying partnership that fails to comply with any provision referred to in sections 291(9), 292(3), 294(9), 295(3), 324(6), 324(8), 355(7), 355(9), 356(5) or 1458(4) of the Principal Act as applied by these Regulations commits an offence.

(2) Where an offence under paragraph (1) is committed by a qualifying partnership and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was -

(a) a member of the qualifying partnership,

(b) a director of such a member, or (c) a person purporting to act in either such capacity,

that person shall, as well as the qualifying partnership, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

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