Legislation

UK Legislation

Companies Act 2006

Part 15 Accounts and Reports

Individual accounts
396  Companies Act individual accounts
[(A1)Companies Act individual accounts must state—
 (a)the part of the United Kingdom in which the company is registered,
 (b)the company's registered number,
 (c)whether the company is a public or a private company and whether it is limited by shares or by guarantee,
 (d)the address of the company's registered office, and
 (e)where appropriate, the fact that the company is being wound–up.]
(1)Companies Act individual accounts must comprise—
 (a)a balance sheet as at the last day of the financial year, and
 (b)a profit and loss account.
(2)The accounts must—
 (a)in the case of the balance sheet, give a true and fair view of the state of affairs of the company as at the end of the financial year, and
 (b)in the case of the profit and loss account, give a true and fair view of the profit or loss of the company for the financial year.
[(2A)In the case of the individual accounts of a company which qualifies as a micro–entity in relation to the financial year (see sections 384A and 384B), the micro–entity minimum accounting items included in the company's accounts for the year are presumed to give the true and fair view required by subsection (2).]
(3)The accounts must comply with provision made by the Secretary of State by regulations as to—
 (a)the form and content of the balance sheet and profit and loss account, and
 (b)additional information to be provided by way of notes to the accounts.
(4)If compliance with the regulations, and any other provision made by or under this Act as to the matters to be included in a company's individual accounts or in notes to those accounts, would not be sufficient to give a true and fair view, the necessary additional information must be given in the accounts or in a note to them.
(5)If in special circumstances compliance with any of those provisions is inconsistent with the requirement to give a true and fair view, the directors must depart from that provision to the extent necessary to give a true and fair view.
Particulars of any such departure, the reasons for it and its effect must be given in a note to the accounts.
[(6)Subsections (4) and (5) do not apply in relation to the micro–entity minimum accounting items included in the individual accounts of a company for a financial year in relation to which the company qualifies as a micro–entity.]
NOTES
Derivation
 Sub–ss (1), (2) derived from the Companies Act 1985, s 226A(1), (2); sub–s (3) derived from the Companies Act 1985, s 226A(3); sub–s (4) derived from the Companies Act 1985, s 226A(4); sub–s (5) derived from the Companies Act 1985, s 226A(5), (6).
Initial Commencement
 To be appointed
 To be appointed: see s 1300(2).
Appointment
 Appointment (for the purpose of enabling the exercise of powers to make regulations): 20 January 2007: see SI 2006/3428, art 3(3).
 Appointment (for remaining purposes): 6 April 2008: see SI 2007/3495, art 3(1)(d); for transitional provisions and savings see art 9, Sch 4, Pt 1, para 6 thereto.
Amendment
 Sub–s (A1): inserted by SI 2015/980, reg 5(1), (4).
  Date in force (for certain purposes): this amendment has effect in relation to a financial year of a company beginning on or after 1 January 2015, but before 1 January 2016, if the directors of the company so decide: for further effect see SI 2015/980, regs 2(2)(b), (3), 3.
  Date in force (for remaining purposes): this amendment has effect in relation to financial years beginning on or after 1 January 2016: for further effect see SI 2015/980, regs 2(2)(a), (4), (5), 3.
 Sub–s (2A): inserted by SI 2013/3008, reg 5(1), (3)(a).
  Date in force: 1 December 2013: see SI 2013/3008, reg 2(1); for savings and effect see regs 2(2), 3 thereof.
 Sub–s (6): inserted by SI 2013/3008, reg 5(1), (3)(b).
  Date in force: 1 December 2013: see SI 2013/3008, reg 2(1); for savings and effect see regs 2(2), 3 thereof.
See Further
 See further: the European Grouping of Territorial Cooperation Regulations 2015, SI 2015/1493, reg 7(1)(d), (2)–(4).
 See further, in relation to the application of this section, with modifications, to limited liability partnership accounts for financial years beginning on or after 1 October 2008: the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911, regs 2(1), 9 (as amended by SI 2016/575, regs 3(1), 8(1), (4)).
 See further, in relation to the application of this section, with modifications, to certain overseas companies that have an establishment in the United Kingdom and are not credit or financial institutions or companies whose constitution does not limit the liability of its members: the Overseas Companies Regulations 2009, SI 2009/1801, regs 36, 38, 80, Sch 8, Pt 2.
 See further, in relation to the application of this section, with modifications, to certain credit or financial institutions that have branches in the United Kingdom: the Overseas Companies Regulations 2009, SI 2009/1801, regs 51, 53, 80, Sch 8, Pt 2.
 See further, in relation to the application of this section, with modifications, to unregistered companies: the Unregistered Companies Regulations 2009, SI 2009/2436, regs 3–5, 7, 9, Sch 1, para 10(1), (3), Sch 2, para 21(1).
Subordinate Legislation
 Small Companies and Groups (Accounts and Directors' Report) Regulations 2008, SI 2008/409 (made under sub–s (3)).
 Large and Medium–sized Companies and Groups (Accounts and Reports) Regulations 2008, SI 2008/410 (made under sub–s (3)).
 Small Companies (Micro–Entities' Accounts) Regulations 2013, SI 2013/3008 (made under sub–s (3)).
 Companies, Partnerships and Groups (Accounts and Reports) Regulations 2015, SI 2015/980 (made under sub–s (3)).
 Companies, Partnerships and Groups (Accounts and Reports) (No 2) Regulations 2015, SI 2015/1672 (made under sub–s (3)).
 Limited Liability Partnerships, Partnerships and Groups (Accounts and Audit) Regulations 2016, SI 2016/575 (made under sub–s (3)).
 Companies (Miscellaneous Reporting) Regulations 2018, SI 2018/860 (made under sub–s (3)).
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