Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

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      (1) Members with at least 5 % of the votes in a small company limited by guarantee may give the company a direction to:

      (a) prepare a financial report and directors’ report for a financial year; and

      (b) send them to members who have elected to receive them under section 316A.

      (2) The direction must be:

      (a) signed by the members giving the direction; and

      (b) made no later than 12 months after the end of the financial year concerned.

      (3) The direction may specify all or any of the following:

      (a) that the financial report does not have to comply with some or all of the accounting standards;

      (b) that a directors’ report or a part of that report need not be prepared;

      (c) that the financial report is to be audited or reviewed.

      294B Small company limited by guarantee — ASIC direction

      (1) ASIC may give a small company limited by guarantee a direction to comply with the requirements of this Division and Divisions 3, 4, 5 and 6 for a financial year.

      (2) An offence based on subsection (1) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      (3) The direction may be general or may specify the particular requirements that the company is to comply with.

      (4) The direction must specify the date by which the documents have to be prepared, sent or lodged. The date must be a reasonable one in view of the nature of the direction.

      (5) The direction must:

      (a) be made in writing; and

      (b) specify the financial year concerned; and

      (c) be made no later than 6 years after the end of that financial year.

      (6) A direction given under subsection (1) is not a legislative instrument.

      295 Contents of annual financial report

      Basic contents

      (1) The financial report for a financial year consists of:

      (a) the financial statements for the year; and

      (b) the notes to the financial statements; and

      (c) the directors’ declaration about the statements and notes.

      Financial statements

      (2) The financial statements for the year are:

      (a) unless paragraph (b) applies — the financial statements in relation to the company, registered scheme or disclosing entity required by the accounting standards; or

      (b) if the accounting standards require the company, registered scheme or disclosing entity to prepare financial statements in relation to a consolidated entity — the financial statements in relation to the consolidated entity required by the accounting standards.

      Notes to financial statements

      (3) The notes to the financial statements are:

      (a) disclosures required by the regulations; and

      (b) notes required by the accounting standards; and

      (c) any other information necessary to give a true and fair view (see section 297).

      Directors’ declaration

      (4) The directors’ declaration is a declaration by the directors:

      (c) whether, in the directors’ opinion, there are reasonable grounds to believe that the company, registered scheme or disclosing entity will be able to pay its debts as and when they become due and payable; and

      (ca) if the company, registered scheme or disclosing entity has included in the notes to the financial statements, in compliance with the accounting standards, an explicit and unreserved statement of compliance with international financial reporting standards — that this statement has been included in the notes to the financial statements; and

      (d) whether, in the directors’ opinion, the financial statement and notes are in accordance with this Act, including:

      (i) section 296 (compliance with accounting standards); and

      (ii) section 297 (true and fair view); and

      (e) if the company, disclosing entity or registered scheme is listed — that the directors have been given the declarations required by section 295A.

      Note: See paragraph 285(3)(c) for the reference to the debts of a registered scheme.

      (5) The declaration must:

      (a) be made in accordance with a resolution of the directors; and

      (b) specify the date on which the declaration is made; and

      (c) be signed by a director.

      295A Declaration in relation to listed entity’s financial statements by chief executive officer and chief financial officer

      (1) If the company, disclosing entity or registered scheme is listed, the directors’ declaration under subsection 295(4) must be made only after each person who performs:

      (a) a chief executive function; or

      (b) a chief financial officer function;

      in relation to the company, disclosing entity or registered scheme has given the directors a declaration under subsection (2) of this section.

      (2) The declaration is a declaration whether, in the person’s opinion:

      (a) the financial records of the company, disclosing entity or registered scheme for the financial year have been properly maintained in accordance with section 286; and

      (b) the financial statements, and the notes referred to in paragraph 295(3)(b), for the financial year comply with the accounting standards; and

      (c) the financial statements and notes for the financial year give a true and fair view (see section 297); and

      (d) any other matters that are prescribed by the regulations for the purposes of this paragraph in relation to the financial statements and the notes for the financial year are satisfied.

      (3) The declaration must:

      (a) be made in writing; and

      (b) specify the date on which the declaration is made; and

      (c) specify the capacity in which the СКАЧАТЬ