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Companies Act 2006 Special

Our quarterly round up of news to help you keep up to date with current issues that could affect you and your business

Newsletter Summer 2008

Please contact us to discuss any of the matters raised in this newsletter

 

Accounts And Reports And Audits

Part 15 of the new Act deals with accounts and reports (sections 380 to 474) and Part 16 with audit (sections 475 to 539).

The majority of these sections came into effect on 6 April 2008. It is worth mentioning however that a number of these sections are effective for accounting periods beginning on or after 6 April 2008, therefore you may not see the full effects of some of these changes until April 2009 year ends and onwards. Other changes are now fully in force.

Shorter filing deadlines

The new Act reduces the period available to file accounts at Companies House:

Filing deadline Old New
  months from the end of the accounting period
Private limited company (Ltd) 10 9
Public limited company (Plc) 7 6

Comment

The potential impact of this change has been somewhat lessened, as initial proposals intended to decrease the filing deadline for private limited companies to seven months. It is worth remembering that there are automatic penalties if your company's accounts are filed late as these are also set to increase (see overleaf).

New size limits - is your company small or medium-sized?

January 2004 saw the definition criteria for small and medium-sized companies and the audit exemption limit rise significantly, meaning that many more companies could benefit from the exemptions available. Subsequent changes meant that many small financial services companies that were previously prevented from doing so could also benefit from these exemptions.

The limits have been increased again and they apply to accounting periods that begin on or after 6 April 2008 as follows:

Individual company limits Old small company limits New small company limits
Turnover not more than £5.6m £6.5m
Balance sheet total not more than £2.8m £3.26m
Number of employees not more than 50 50
 
Old medium-sized company limits New medium-sized company limits
Turnover not more than £22.8m £25.9m
Balance sheet total not more than £11.4m £12.9m
Number of employees not more than 250 250

Qualification depends upon the company meeting at least two of the three relevant criteria.

These limits are important as they determine whether a company can benefit from:

  • the preparation of simpler accounts
  • Comment

    A small company can take advantage of exemptions from certain disclosures in its accounts and can make use of simpler accounting standards to prepare its accounts. Some companies do however continue to be prohibited from taking these advantages, including certain financial services companies.

  • filing abbreviated accounts on the public record at Companies House
  • Comment

    There had been early indications that the government intended to abolish the option for small and medium-sized companies to file abbreviated accounts at Companies House. However these were not realised. Unfortunately this option is of less value to medium-sized companies generally and they will now also have to disclose turnover in their abbreviated accounts.

  • audit exemption.
  • Comment

    There are differing views on the value of the audit process to owner managed companies. The decision for you and your business is clearly a personal one. If your company now falls under the higher audit threshold this will provide us with the opportunity to provide you with a more flexible service.

Higher group limits - but do you now need to prepare group accounts?

The limits that apply to groups of companies have also been increased:

Group limits Old small group limits New small group limits
Net turnover not more than £5.6m £6.5m
Gross turnover not more than £6.72m £7.8m
Net balance sheet total not more than £2.8m £3.26m
Gross balance sheet total not more than £3.36m £3.9m
Number of employees not more than 50 50
 
Old medium-sized group limits New medium-sized group limits
Net turnover not more than £22.8m £25.9m
Gross turnover not more than £27.36m £31.1m
Net balance sheet total not more than £11.4m £12.9m
Gross balance sheet total not more than £13.68m £15.5m
Number of employees not more than 250 250

Qualification again depends upon the group meeting at least two of the three relevant criteria, although the group may qualify on the basis of either the net or gross figures.

Comment

Importantly for medium-sized groups, the exemption from the preparation of group accounts has been abolished under the new Act, so those affected should pay particular attention to these new, higher limits.

We should begin to plan early if you think that group accounts will be needed.

Higher late filing penalties

The penalties associated with late filing of annual accounts at Companies House have also been increased:

Length of delay, measured from the date the accounts are due: Private company Public company
Current New Current New
Up to 1 month £100 £150 £500 £750
1 to 3 months £100 £375 £500 £1,500
3 to 6 months £250 £750 £1,000 £3,000
6 to 12 months £500 £1,500 £2,000 £7,500
More than 12 months £1,000 £1,500 £5,000 £7,500

The higher penalties will be introduced from 1 February 2009 and if you file accounts late under the new Act in two successive years the penalties will be doubled. The higher penalties not only apply to April 2009 year ends and onwards, filed under the provisions of the Companies Act 2006, but also to accounts filed late after 1 February 2009 prepared under the Companies Act 1985.

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