Section 838: Requirements where interim accounts used

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 23: Distributions — Chapter 2: Justification of distribution by reference to accounts

Interim accounts must be accounts that enable a reasonable judgment to be made as to the amounts of the items mentioned in section 836(1).

Where interim accounts are prepared for a proposed distribution by a public company, the following requirements apply.

The accounts must have been properly prepared, or have been so prepared subject to matters that are not material for determining (by reference to the items mentioned in section 836(1)) whether the distribution would contravene this Part.

"Properly prepared" means prepared in accordance with sections 395 to 397 (requirements for company individual accounts), applying those requirements with such modifications as are necessary because the accounts are prepared otherwise than in respect of an accounting reference period.

The balance sheet comprised in the accounts must have been signed in accordance with section 414.

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