The Companies (1986 Order) (Operating and Financial Review and Directors' Report etc.) Regulations (Northern Ireland) 2005

Department’s notice in respect of reports and reviews

14.—(1) Article 253A of the 1986 Order (Department’s notice in respect of annual accounts)(1) is amended as follows.

(2) For paragraph (1) substitute –

“(1) Where –

(a) copies of a company’s annual accounts, directors' report or operating and financial review have been sent out under Article 246, or

(b) a copy of a company’s annual accounts, directors' report or operating and financial review has been laid before the company in general meeting or delivered to the registrar,

and it appears to the Department that there is, or may be, a question whether the accounts, report or review comply with the requirements of this Order, it may give notice to the directors of the company indicating the respects in which it appears to the Department that such a question arises or may arise.”.

(3) In paragraph (2), for “or prepare revised accounts” substitute “, report or review or prepare revised accounts or a revised report or review”.

(4) In paragraph (3), for the words from “no satisfactory explanation” onwards substitute –

• “the directors have not –

  (a)

  given a satisfactory explanation of the accounts, report or review, or

  (b)

  revised the accounts, report or review so as to comply with the requirements of this Order,

  it may if it thinks fit apply to the court.”.

(5) For paragraph (4) substitute –

“(4) The provisions of this Article apply equally to revised annual accounts, revised directors' reports and revised operating and financial reviews, in which case they have effect as if the references to revised accounts, reports or reviews were references to further revised accounts, reports or reviews.”.

(1)

Article 253A was inserted into the 1986 Order by Article 14 of the Companies (Northern Ireland) Order 1990, and amended by S.R. 2004 No. 496