Companies (Auditing and Accounting) Act 2003

Amendment of section 128 of Act of 1963 (documents to be annexed to annual return).

47.—Section 128 of the Act of 1963 is amended by substituting the following for subsection (6):

“(6) Nothing in this section requires the balance sheet of a private company or any document or report relating to the balance sheet, other than the report prepared in accordance with subsection (6B), to be annexed to the annual return.

(6A) Nothing in subsection (4) or in section 2 (1) of the Companies (Amendment) Act 1986 exempts any of the following companies from the requirement to annex to its annual return the report prepared in accordance with subsection (6B):

(a) a private company not trading for the acquisition of gain by the members;

(b) a company to which subsection (4)(c) applies;

(c) a company in respect of which an order under subsection (5) is in force.

(6B) The auditors of a company referred to in subsection (6) or (6A) shall prepare a separate report to the directors which—

(a) confirms that they audited the accounts for the relevant year, and

(b) includes within it the report made to the members of the company pursuant to section 193.

(6C) A copy of the report prepared in accordance with subsection (6B) shall be certified by a director and by the secretary of the company to be a true copy of that report and shall be attached to the company's annual return.”.