The Companies (Revision of Defective Accounts and Report) (Amendment) Regulations (Northern Ireland) 2006

Approval and signature of revised directors' remuneration report or revised review

6.  After regulation 5 of the 1991 Regulations (approval and signature of revised directors' report) insert—

“Approval and signature of revised directors' remuneration report

5A.— (1) Article 242C of the Order (approval and signing of directors' remuneration report) shall apply to a revised directors' remuneration report, save that in the case of revision by supplementary note, it shall apply as if it required the signature to be on the supplementary note.

(2) Where copies of the original directors' remuneration report have been sent out to members under Article 246(1) of the Order(1), laid before the company in general meeting under Article 249(1) of the Order(2) or delivered to the registrar under Article 250(1) of the Order(3), the directors shall, before approving the revised report under Article 242C of the Order, cause statements as to the following matters to be made in a prominent position in the revised report (in the case of a revision by supplementary note, in that note)—

(a) in the case of a revision by replacement that—

(i) the revised report replaces the original report for the financial year (specifying it);

(ii) it has been prepared as at the date of the original directors' remuneration report and not as at the date of revision and accordingly does not deal with any events between those dates;

(iii) the respects in which the original directors' remuneration report did not comply with the requirements of the Order; and

(iv) any significant amendments made consequential upon the remedying of those defects;

(b) in the case of revision by a supplementary note that—

(i) the note revises in certain respects the original directors' remuneration report of the company and is to be treated as forming part of that report; and

(ii) the directors' remuneration report has been revised as at the date of the original directors' remuneration report and not as at the date of the revision and accordingly does not deal with events between those dates,

and shall, when approving the revised report, cause the date by which the approval is given to be stated in it (in the case of a revision by supplementary note, in that note); Article 242B(3)(4) shall apply with respect to a failure to comply with this paragraph as if the requirements of this paragraph were requirements of Part VIII of the Order.”.

(1)

Article 246 was inserted by Article 12 of S.I. 1990/593 (N.I. 5), and amended by Article 10 of S.R. 2003 No. 3, regulation 10(4) of S.R. 2005 No. 56 and regulation 17 of, and paragraph 2 of the Schedule to, S. R. 2005 No. 61

(2)

Article 249 was inserted by Article 13 of S.I. 1990/593 (N.I. 5), and amended by regulation 10(7) of S.R. 2005 No. 56 and regulation 17 of, and paragraph 4 of the Schedule to, S.R. 2005 No. 61

(3)

Article 250 was inserted by Article 13 of S.I. 1990/593 (N.I. 5) and amended by regulation 10(8) of S.R. 2005 No. 56 and regulation 17 of, and paragraph 5 of the Schedule to S.R. 2005 No. 61

(4)

Article 242B was inserted by regulation 3 of S.R. 2005 No. 56