Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Companies Act 2006

Crossheading Secretary of State's notice

  • Section 455 Secretary of State's notice in respect of accounts or reports
  1. Secretary of State's notice
  2. Secretary of State's notice in respect of accounts or reports

Section 455 | Secretary of State's notice in respect of accounts or reports

From legislation.gov.uk

(1)This section applies where—F1

(a)copies of a company's annual accounts , strategic report or directors’ report have been sent out under section 423, orF2

(b)a copy of a company's annual accounts , strategic report or directors’ report has been delivered to the registrar or (in the case of a public company) laid before the company in general meeting,F3

and it appears to the Secretary of State that there is, or may be, a question whether the accounts or report comply with the requirements of this Act ....

(2)The Secretary of State may give notice to the directors of the company indicating the respects in which it appears that such a question arises or may arise.

(3)The notice must specify a period of not less than one month for the directors to give an explanation of the accounts or report or prepare revised accounts or a revised report.

(4)If at the end of the specified period, or such longer period as the Secretary of State may allow, it appears to the Secretary of State that the directors have not—

(a)given a satisfactory explanation of the accounts or report, or

(b)revised the accounts or report so as to comply with the requirements of this Act ...,F4

the Secretary of State may apply to the court.

(5)The provisions of this section apply equally to revised annual accounts , revised strategic reports and revised directors’ reports, in which case they have effect as if the references to revised accounts or reports were references to further revised accounts or reports.F5

Notes

  1. F1

    Words in s. 455(1) omitted (31.12.2020 with effect in relation to financial years beginning on or after IP completion day) by virtue of The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/685), reg. 1(2)(3), Sch. 1 para. 15 (with reg. 1(4)-(8), Sch. 1 para. 64) (as amended by S.I. 2020/335, regs. 1, 3, 4 and S.I. 2020/523, regs. 1(2), 22, 25(b)); 2020 c. 1, Sch. 5 para. 1(1)

  2. F2

    Words in s. 455(1)(a) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (S.I. 2013/1970), reg. 1(2)(3), Sch. para. 13(a)

  3. F3

    Words in s. 455(1)(b) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (S.I. 2013/1970), reg. 1(2)(3), Sch. para. 13(a)

  4. F4

    Words in s. 455(4)(b) omitted (31.12.2020 with effect in relation to financial years beginning on or after IP completion day) by virtue of The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/685), reg. 1(2)(3), Sch. 1 para. 15 (with reg. 1(4)-(8), Sch. 1 para. 64) (as amended by S.I. 2020/335, regs. 1, 3, 4 and S.I. 2020/523, regs. 1(2), 22, 25(b)); 2020 c. 1, Sch. 5 para. 1(1)

  5. F5

    Words in s. 455(5) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (S.I. 2013/1970), reg. 1(2)(3), Sch. para. 13(b)

PreviousNext
PrivacyTerms