The Companies (Revision of Defective Accounts and Reports) Regulations 2008

Approval and signature of revised directors' report U.K.

5.—(1) Section 419 of the 2006 Act applies to a revised directors' report, save that in the case of revision by supplementary note, it applies as if it required the signature to be on the supplementary note.

(2) Where copies of the original directors' report have been sent out to members under section 423(1) of the 2006 Act, laid before the company in general meeting under section 437(1) of that Act in the case of a public company, or delivered to the registrar under section 441(1), the directors must, before approving the revised report under section 419, cause statements as to the following matters to be made in a prominent position in the revised report (in the case of a revision by supplementary note, in that note)—

(a) in the case of a revision by replacement—

(i) that the revised report replaces the original report for the financial year (specifying it),

(ii) that it has been prepared as at the date of the original directors' report and not as at the date of revision and accordingly does not deal with any events between those dates,

(iii) the respects in which the original directors' report did not comply with the requirements of the 2006 Act, and

(iv) any significant amendments made consequential upon the remedying of those defects,

(b) in the case of a revision by supplementary note—

(i) that the note revises in certain respects the original directors' report of the company and is to be treated as forming part of that report, and

(ii) that the directors' report has been revised as at the date of the original directors' report and not as at the date of the revision and accordingly does not deal with events between those dates,

and must, when approving the revised report, cause the date on which the approval is given to be stated in [F1 it] (in the case of a revision by supplementary note, in that note); section 419(3) and (4) of the 2006 Act apply with respect to a failure to comply with this paragraph as if the requirements of this paragraph were requirements of Part 15 of that Act.

Textual Amendments

F1 Word in reg. 5 substituted (1.1.2018) by The Statutory Auditors Regulations 2017 (S.I. 2017/1164), reg. 1(2)(3), 8 (with reg. 2(6)(7))