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Part 23E+W+S+N.I.Distributions


Modifications etc. (not altering text)

Chapter 2E+W+S+N.I.Justification of distribution by reference to accounts

Requirements applicable in relation to relevant accountsE+W+S+N.I.

838Requirements where interim accounts usedE+W+S+N.I.

(1)Interim accounts must be accounts that enable a reasonable judgment to be made as to the amounts of the items mentioned in section 836(1).

(2)Where interim accounts are prepared for a proposed distribution by a public company, the following requirements apply.

(3)The accounts must have been properly prepared, or have been so prepared subject to matters that are not material for determining (by reference to the items mentioned in section 836(1)) whether the distribution would contravene this Part.

(4)Properly prepared” means prepared in accordance with sections 395 to 397 (requirements for company individual accounts), applying those requirements with such modifications as are necessary because the accounts are prepared otherwise than in respect of an accounting reference period.

(5)The balance sheet comprised in the accounts must have been signed in accordance with section 414.

(6)A copy of the accounts must have been delivered to the registrar.

Any requirement of Part 35 of this Act as to the delivery of a certified translation into English of any document forming part of the accounts must also have been met.


Commencement Information

I1S. 838 wholly in force at 6.4.2008; s. 838 not in force at Royal Assent see s. 1300; s. 838 in force at 6.4.2008 by S.I. 2007/3495, art. 3(1)(k) (with savings in arts. 7, 12 and subject to transitional adaptations in Sch. 1 paras. 14-20 and with savings in Sch. 4 paras. 33-35)