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Companies Act 2006

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Companies Act 2006, Cross Heading: Offences in connection with auditor's report is up to date with all changes known to be in force on or before 17 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 11(1) by S.I. 2013/1971 reg. 9(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 3(4) by S.I. 2013/1971 reg. 4 (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Offences in connection with auditor's reportE+W+S+N.I.

507Offences in connection with auditor's reportE+W+S+N.I.

(1)A person to whom this section applies commits an offence if he knowingly or recklessly causes a report under section 495 (auditor's report on company's annual accounts) to include any matter that is misleading, false or deceptive in a material particular.

(2)A person to whom this section applies commits an offence if he knowingly or recklessly causes such a report to omit a statement required by—

(a)section 498(2)(b) (statement that company's accounts do not agree with accounting records and returns),

(b)section 498(3) (statement that necessary information and explanations not obtained), or

(c)section 498(5) (statement that directors wrongly took advantage of exemption from obligation to prepare group accounts).

(3)This section applies to—

(a)where the auditor is an individual, that individual and any employee or agent of his who is eligible for appointment as auditor of the company;

(b)where the auditor is a firm, any director, member, employee or agent of the firm who is eligible for appointment as auditor of the company.

(4)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding the statutory maximum.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2Ss. 484-539 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 11 (with transitional provisions and savings in regs. 7, 9, Sch. 2)

508Guidance for regulatory and prosecuting authorities: England, Wales and Northern IrelandE+W+N.I.

(1)The Secretary of State may issue guidance for the purpose of helping relevant regulatory and prosecuting authorities to determine how they should carry out their functions in cases where behaviour occurs that—

(a)appears to involve the commission of an offence under section 507 (offences in connection with auditor's report), and

[F1(b)has been, is being or may be investigated—

(i)pursuant to arrangements under paragraph 15 of Schedule 10 (investigation of complaints against auditors and supervisory bodies), or

(ii)by the competent authority under the Statutory Auditors and Third Country Auditors Regulations 2016.]

(2)The Secretary of State must obtain the consent of the Attorney General before issuing any such guidance.

(3)In this section “relevant regulatory and prosecuting authorities” means—

(a)supervisory bodies within the meaning of Part 42 of this Act,

(b)bodies to which the Secretary of State may make grants under section 16(1) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) (bodies concerned with accounting standards etc),

(c)the Director of the Serious Fraud Office,

(d)the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland, and

(e)the Secretary of State.

(4)This section does not apply to Scotland.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C4Ss. 484-539 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 11 (with transitional provisions and savings in regs. 7, 9, Sch. 2)

509Guidance for regulatory authorities: ScotlandS

(1)The Lord Advocate may issue guidance for the purpose of helping relevant regulatory authorities to determine how they should carry out their functions in cases where behaviour occurs that—

(a)appears to involve the commission of an offence under section 507 (offences in connection with auditor's report), and

[F2(b)has been, is being or may be investigated—

(i)pursuant to arrangements under paragraph 15 of Schedule 10 (investigation of complaints against auditors and supervisory bodies), or

(ii)by the competent authority under the Statutory Auditors and Third Country Auditors Regulations 2016.]

(2)The Lord Advocate must consult the Secretary of State before issuing any such guidance.

(3)In this section “relevant regulatory authorities” means—

(a)supervisory bodies within the meaning of Part 42 of this Act,

(b)bodies to which the Secretary of State may make grants under section 16(1) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) (bodies concerned with accounting standards etc), and

(c)the Secretary of State.

(4)This section applies only to Scotland.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C6Ss. 484-539 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 11 (with transitional provisions and savings in regs. 7, 9, Sch. 2)

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