The Companies and Partnerships (Accounts and Audit) Regulations 2013

Amendments to the 2006 Act

2.—(1) The 2006 Act is amended as follows.

(2) In section 384(1) (companies excluded from the small companies regime)—

(a) in subsection (2), after paragraph (c) insert—

“(ca) an e-money issuer,”; and

(b) in subsection (2)(d) omit “an e-money issuer,”.

(3) Section 448 (unlimited companies exempt from obligation to file accounts and reports) is amended as follows.

(4) In paragraph (b) of subsection (3)(2)—

(a) omit the “or” preceding sub-paragraph (iii),

(b) in that sub-paragraph after “partnership” insert “which is not a limited partnership,”, and

(c) after that sub-paragraph insert—

“, or

(iv) a Scottish partnership which is a limited partnership, each of whose general partners is a limited company.”

(5) In the words after that paragraph, for “or a Scottish partnership” substitute “, a Scottish partnership which is not a limited partnership or a Scottish partnership which is a limited partnership”.

(6) For subsection (5) substitute—

“(5) In this section—

“general partner” means—

(a)

in relation to a Scottish partnership which is a limited partnership, a person who is a general partner within the meaning of the Limited Partnerships Act 1907(3); and

(b)

in relation to an undertaking incorporated in or formed under the law of any country or territory outside the United Kingdom and which is comparable to a Scottish partnership which is a limited partnership, a person comparable to such a general partner;

“limited partnership” means a partnership registered under the Limited Partnerships Act 1907; and

the “relevant accounting reference period”, in relation to a financial year, means the accounting reference period by reference to which that financial year was determined.”

(7) In section 467 (companies excluded from being treated as medium-sized)—

(a) in subsection (1), after paragraph (b) (but before the “or” following it) insert—

“(ba) an e-money issuer,”;

(b) in subsection (2), after paragraph (c) insert—

“(ca) an e-money issuer,”; and

(c) in subsection (2)(d) omit “an e-money issuer,”.

(8) In section 474 (minor definitions for the purposes of Part 15), in the definition of “e-money issuer”, for “means” substitute—

“means—

(a)

an electronic money institution, within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99), or

(b)

”

(9) In section 539 (minor definitions for the purposes of Part 16), in the definition of “e-money issuer”, for “means” substitute—

“means—

(a)

an electronic money institution, within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99), or

(b)

”

(1)

s.384(2) was amended by the Financial Services Act 2012 (c.51) and S.I. 2007/2932.

(2)

s.448(3)(b) was substituted by regulation 13(a) of SI 2008/393.

(3)

1907 c.24.