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Legislation
Companies Act 2006

Crossheading Exemption from audit: small companies

  • Section 477 Small companies: conditions for exemption from audit
  • Section 478 Companies excluded from small companies exemption
  • Section 479 Availability of small companies exemption in case of group company
  1. Exemption from audit: small companies
  2. Availability of small companies exemption in case of group company

Section 479 | Availability of small companies exemption in case of group company

From legislation.gov.uk

(1)A company is not entitled to the exemption conferred by section 477 (small companies) in respect of a financial year during any part of which it was a group company unless—

(a)the group—F1

(i)qualifies as a small group in relation to that financial year, andF1

(ii)was not at any time in that year an ineligible group, orF1

(b)subsection (3) applies.

(2)RepealedF2

(3)A company is not excluded by subsection (1) if, throughout the whole of the period or periods during the financial year when it was a group company, it was both a subsidiary undertaking and dormant.

(4)In this section—

(a)“group company” means a company that is a parent company or a subsidiary undertaking, and

(b)“the group”, in relation to a group company, means that company together with all its associated undertakings.

For this purpose undertakings are associated if one is a subsidiary undertaking of the other or both are subsidiary undertakings of a third undertaking.

(5)For the purposes of this section—

(a)whether a group qualifies as small shall be determined in accordance with section 383 (companies qualifying as small: parent companies);

(b)“ineligible group” has the meaning given by section 384(2) and (3);

(c)RepealedF3

(d)RepealedF3

(e)RepealedF3

(6)The provisions mentioned in subsection (5) apply for the purposes of this section as if all the bodies corporate in the group were companies.

Notes

  1. F1

    S. 479(1)(a) substituted (1.10.2012 with application in accordance with reg. 2 of the amending S.I.) by The Companies and Limited Liability Partnerships (Accounts and Audit Exemptions and Change of Accounting Framework) Regulations 2012 (S.I. 2012/2301), regs. 1, 5(a)

  2. F2

    S. 479(2) omitted (1.10.2012 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Companies and Limited Liability Partnerships (Accounts and Audit Exemptions and Change of Accounting Framework) Regulations 2012 (S.I. 2012/2301), regs. 1, 5(b)

  3. F3

    S. 479(5)(c)(d)(e) omitted (1.10.2012 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Companies and Limited Liability Partnerships (Accounts and Audit Exemptions and Change of Accounting Framework) Regulations 2012 (S.I. 2012/2301), regs. 1, 5(c)

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