Companies Act 2014

352.

Exemption from filing certain information for small and medium companies

F177 [ 352. (1) The exemption in subsection (2) is available for a company that

(a) qualifies for the small companies regime (or the micro companies regime), and

(b) has not elected to prepare group financial statements in accordance with section 293 .

(2) That exemption is an exemption from the requirement in section 347 to annex to the company s annual return the following documents:

(a) the statutory financial statements of the company;

(b) the directors report (except where that company qualifies for the micro companies regime and has not elected to prepare the directors report);

(c) the statutory auditors report on those financial statements and that directors report.

(3) If a company that qualifies for the small companies regime or the micro companies regime avails itself of the exemption provided by this section, it shall instead annex to its annual return a copy of each of the following documents:

(a) abridged financial statements prepared in accordance with section 353 and which have been approved and signed in accordance with section 355 ;

(b) a special statutory auditors report prepared in accordance with section 356 .

(4) A reference in subsection (3) to a copy of a document is a reference to a copy that satisfies the following conditions:

(a) it is a true copy of the original save for the difference that the signature or signatures on the original, and any date or dates thereon, shall appear in typeset form on the copy;

(b) it is accompanied by a certificate of a director and the secretary of the company, that bears the signature of the director and the secretary in electronic or written form, stating that the copy is a true copy of the original (and one such certificate relating to all of the documents mentioned in subsection (3) suffices and the foregoing statement need not be qualified on account of the difference permitted by paragraph (a) as to the form of a signature or of a date). ]

Annotations

Amendments:

F177

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 51, S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

Modifications (not altering text):

C76

Subs. (4)(b) applied with modifications (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 23, in effect as per reg. 1(2), (3).

Application of section 352 of Principal Act

23. Section 352(4)(b) of the Principal Act shall apply to a qualifying partnership with the following modifications:

(a) where the qualifying partnership is not a limited partnership, the certificate shall be of at least 2 members of the qualifying partnership and shall bear the signature of those members;

(b) where the qualifying partnership is a limited partnership -

(i) if there is only one general partner, the certificate shall be of that partner and shall bear that partner’s signature, or

(ii) if there is more than one general partner, the certificate shall be of at least 2 general partners and shall bear the signature of those partners.