Corporations Act. Australia
Чтение книги онлайн.

Читать онлайн книгу Corporations Act - Australia страница 147

Название: Corporations Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086429

isbn:

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

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

      323A Auditor’s power to obtain information from controlled entity

      (1) An auditor who audits or reviews a financial report that includes consolidated financial statements:

      (a) has a right of access at all reasonable times to the books of any controlled entity; and

      (b) may require any officer of the entity to give the auditor information, explanations or other assistance for the purposes of the audit or review.

      A request under paragraph (b) must be a reasonable one.

      (2) The information, explanations or other assistance required under paragraph (1)(b) is to be given at the expense of the company, registered scheme or disclosing entity whose financial report is being audited or reviewed.

      323B Controlled entity to assist auditor

      (1) If a company, registered scheme or disclosing entity has to prepare a financial report that includes consolidated financial statements, an officer or auditor of a controlled entity must:

      (a) allow the auditor for the company, scheme or entity access to the controlled entity’s books; and

      (b) give the auditor any information, explanation or assistance required under section 323A.

      (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.

      323C Application of Division to entity that has ceased to be controlled

      Sections 323, 323A and 323B apply to the preparation or audit of a financial report that covers a controlled entity even if the entity is no longer controlled by the company, registered scheme or disclosing entity whose financial report is being prepared or audited.

      Division 7 — Financial years and half‑years

      323D Financial years and half‑years

      First financial year

      (1) The first financial year for a company, registered scheme or disclosing entity starts on the day on which it is registered or incorporated. It lasts for 12 months or the period (not longer than 18 months) determined by the directors.

      Financial years after first year

      (2) Subject to subsections (2A) and (4), subsequent financial years must:

      (a) start at the end of the previous financial year; and

      (b) be 12 months long.

      The directors may determine that the financial year is to be shorter or longer (but not by more than 7 days).

      (2A) A subsequent financial year may last for a period of less than 12 months determined by the directors if:

      (a) the subsequent financial year starts at the end of the previous financial year; and

      (b) there has not been a period during the previous 5 financial years in which there was a financial year of less than 12 months in reliance on this subsection; and

      (c) the change to the subsequent financial year is made in good faith in the best interests of the company, registered scheme or disclosing entity.

      Synchronisation of financial years where consolidated financial statements are required

      (3) A company, registered scheme or disclosing entity that has to prepare consolidated financial statements must do whatever is necessary to ensure that the financial years of the consolidated entities are synchronised with its own financial years. It must achieve this synchronisation by the end of 12 months after the situation that calls for consolidation arises.

      (3A) An offence based on subsection (3) is an offence of strict liability.

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

      (4) To facilitate this synchronisation, the financial year for a controlled entity may be extended or shortened. The extended financial year cannot be longer than 18 months.

      Half‑years

      (5) A half‑year for a company, registered scheme or disclosing entity is the first 6 months of a financial year. The directors may determine that the half‑year is to be shorter or longer (but not by more than 7 days).

      Division 8 — Disclosure by listed companies of information filed overseas

      323DA Listed companies to disclose information filed overseas

      (1) A company that discloses information to, or as required by:

      (a) the Securities and Exchange Commission of the United States of America; or

      (b) the New York Stock Exchange; or

      (c) a financial market in a foreign country if that financial market is prescribed by regulations made for the purposes of this paragraph;

      must disclose that information in English to each relevant market operator, if the company is listed on the next business day after doing so.

      (3) This section applies despite anything in the company’s constitution.

      Part 2M.4 — Appointment and removal of auditors

      Division 1 — Entities that may be appointed as an auditor for a company or registered scheme

      324AA Individual auditors, audit firms and authorised audit companies

      Subject to this Part, the following may be appointed as auditor for a company or a registered scheme for the purposes of this Act:

      (a) an individual;

      (b) a firm;

      (c) a company.

      The company or registered scheme may have more than one auditor.

      324AB Effect of appointing firm as auditor — general

      (1) The appointment of a firm as auditor of a company or registered scheme is taken to be an appointment of all persons who, at the date of the appointment, are:

      (a) members of the firm; and

      (b) registered company auditors.

      This is so whether or not those persons are resident in Australia.

      (2) The appointment of the members of СКАЧАТЬ