The Companies (Revision of Defective Accounts and Report) Regulations 1990

Auditors' report on revised accounts and revised report

6.—(1) Subject to the next paragraph, where a company’s auditors have, prior to the preparation of the revised accounts, made a report under section 235 of the Act (auditors' report) on the original annual accounts, they shall make a further report to the company’s members under this Regulation on any revised accounts prepared under section 245 of the Act and:

(a) section 237 (duties of auditors) shall apply mutatis mutandis; and

(b) section 235(1) shall not apply with respect to the revised accounts.

(2) Where the auditors' report on the original annual accounts was not made by the company’s current auditors, the directors of the company may resolve that the report required by paragraph (1) is to be made by the person or persons who made that report, provided that that person or those persons agree to do so and he or they would be qualified for appointment as auditor of the company.

(3) Subject to Regulation 16(1), an auditors' report under this Regulation shall state whether in the auditors' opinion the revised accounts have been properly prepared in accordance with the provisions of the Act as they have effect under these Regulations, and in particular whether a true and fair view, seen as at the date the original annual accounts were approved, is given by the revised accounts with respect to the matters set out in section 235(2)(a) to (c) of the Act.

The report shall also state whether in the auditors' opinion the original annual accounts failed to comply with the requirements of the Act in the respects identified by the directors (in the case of revision by replacement) in the statement required by Regulation 4(2)(a)(iv) or (in the case of revision by supplementary note) in the supplementary note.

(4) The auditors shall also consider whether the information contained in the directors' report for the financial year for which the annual accounts are prepared (which is, if the report has been revised under these Regulations, that revised report) is consistent with those accounts; and if they are of the opinion that it is not they shall state that fact in their report under this Regulation.

(5) Section 236 of the Act (signature of auditors' report) shall apply to an auditors' report under this Regulation as it applies to an auditors' report under section 235(1) mutatis mutandis.

(6) An auditors' report under this regulation shall, upon being signed under section 236 as so applied, be, as from the date of signature, the auditors' report on the annual accounts of the company in place of the report on the original annual accounts.