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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

 

Other Changes

Improving audit quality

Changes in this area include:

  • the introduction of a new criminal offence for an auditor to knowingly or recklessly include anything that is materially misleading, false or deceptive in an audit report
  • the ability for companies to be able to agree a limit on their auditors' liability arising from an audit for a specified year, subject to shareholders approving the main terms of the agreement. The amount of the limit must be 'fair and reasonable' in order to be effective
  • audit reports for accounting periods beginning on or after 6 April 2008 will be signed by the 'senior statutory auditor' in their own name, for and on behalf of the firm.

Auditors will also be required to include in their report if the directors have prepared accounts in accordance with the small companies regime and in the auditors' opinion, they were not entitled to do so. There are also now provisions in place for the audit report to disclose the required particulars of any disclosures regarding directors' benefits that have not been made in the accounts.

A private company may choose whether to appoint a company secretary or not

The legal requirement for a private company to appoint a company secretary has now been abolished, although public companies will continue to be required to appoint a company secretary.

A private company does however have the option to choose to appoint a company secretary if it wishes, as many of the functions that the company secretary traditionally carried out remain. The details of any company secretary appointed will continue to be required to be registered at Companies House.

Comment

If you no longer wish to have a company secretary you should first review your company's Articles of Association to ensure that the wording does not expressly require you to have a company secretary. If it does, this will need to be changed.

Where you do decide that the role is no longer needed, Form 288b should be sent to Companies House to terminate the appointment.

 

Click here to learn about our accounting services and customer service standards At Goldwyns, we have the policy of providing excellence in Service and Assistance to our clients, from partner level, down to the most junior of our staff, and we regard our team as our most important asset.
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We offer a comprehensive service to all types of businesses and individuals, and have the benefit of membership of the UK200 Group of Practising Accountants, enabling direct access to expertise in areas outside our normal work.

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