Corporations Act. Australia
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Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

СКАЧАТЬ its performance, including any key performance indicators used by the entity.

      (2) The entity reported on is:

      (a) the company (if consolidated financial statements are not required); or

      (b) the consolidated entity (if consolidated financial statements are required).

      (3) The directors’ report for a financial year for a company limited by guarantee must also include details of:

      (a) the name of each person who has been a director of the company at any time during or since the end of the year and the period for which the person was a director; and

      (b) each director’s qualifications, experience and special responsibilities; and

      (c) the number of meetings of the board of directors held during the year and each director’s attendance at those meetings; and

      (d) for each class of membership in the company — the amount which a member of that class is liable to contribute if the company is wound up; and

      (e) the total amount that members of the company are liable to contribute if the company is wound up.

      301 Audit of annual financial report

      (1) A company, registered scheme or disclosing entity must have the financial report for a financial year audited in accordance with Division 3 and obtain an auditor’s report.

      Small proprietary companies

      (2) A small proprietary company’s financial report for a financial year does not have to be audited if:

      (a) the report is prepared in response to a direction under section 293; and

      (b) the direction did not ask for the financial report to be audited.

      Companies limited by guarantee

      (3) A company limited by guarantee may have its financial report for a financial year reviewed, rather than audited, if:

      (a) the company is not one of the following:

      (i) a Commonwealth company for the purposes of the Commonwealth Authorities and Companies Act 1997;

      (ii) a subsidiary of a Commonwealth company for the purposes of that Act;

      (iii) a subsidiary of a Commonwealth authority for the purposes of that Act; and

      (b) one of the following is true:

      (i) the company is not required by the accounting standards to be included in consolidated financial statements and the revenue of the company for the financial year is less than $1 million;

      (ii) the company is required by the accounting standards to be included in consolidated financial statements and the consolidated revenue of the consolidated entity for the financial year is less than $1 million.

      (4) A small company limited by guarantee’s financial report for a financial year does not have to be audited or reviewed if:

      (a) the report is prepared in response to a member direction under section 294A; and

      (b) the direction does not ask for the audit or review.

      Division 2 — Half‑year financial report and directors’ report

      302 Disclosing entity must prepare half‑year financial report and directors’ report

      A disclosing entity must:

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

      (b) have the financial report audited or reviewed in accordance with Division 3 and obtain an auditor’s report; and

      (c) lodge the financial report, the directors’ report and the auditor’s report on the financial report with ASIC;

      unless the entity is not a disclosing entity when lodgment is due.

      Note 1: This Chapter only applies to disclosing entities incorporated or formed in Australia (see subsection 285(2)).

      Note 2: See section 320 for the time for lodgment with ASIC.

      Note 3: Subsection 318(4) requires disclosing entities that are borrowers in relation to debentures to also report to the trustee for debenture holders.

      303 Contents of half‑year financial report

      Basic contents

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

      (a) the financial statements for the half‑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 half‑year are:

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

      (b) if the accounting standards require the 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 305).

      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 disclosing entity will be able to pay its debts as and when they become due and payable; and

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

      (i) section 304 (compliance with accounting standards); and

      (ii) section 305 (true and fair view).

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

      (5) The declaration must:

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

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

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