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Companies Act 1985
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Changes over time for: Section 245A
Version Superseded: 06/04/2008
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[F1245A Secretary of State’s notice in respect of annual accounts. E+W+S
[F2(1)Where—
(a)copies of a company's annual accounts [F3or directors' report] have been sent out under section 238, or
(b)a copy of a company's annual accounts [F3or directors' report] has been laid before the company in general meeting or delivered to the registrar,
and it appears to the Secretary of State that there is, or may be, a question whether the accounts [F4or report] comply with the requirements of this Act, he may give notice to the directors of the company indicating the respects in which it appears to him that such a question arises or may arise.]
(2)The notice shall specify a period of not less than one month for the directors to give him an explanation of the accounts [F5[F6or report] or prepare revised accounts or [F7a revised report]] .
(3)If at the end of the specified period, or such longer period as he may allow, it appears to the Secretary of State that [F8 the directors have not—
(a)given a satisfactory explanation of the accounts [F9or report] , or
(b)revised the accounts [F9or report] so as to comply with the requirements of this Act,
he may if he thinks fit apply to the court.]
[F10(4)The provisions of this section apply equally to revised annual accounts [F11and revised directors' reports] , in which case they have effect as if the references to revised accounts [F12or reports] were references to further revised accounts [F12or reports] .]]
Textual Amendments
F1New ss. 245–245C inserted (subject to the saving and transitional provisions in S.I. 1990/2569, art. 6) by Companies Act 1989 (c. 40, SIF 27), ss. 1, 12, 213(2) as part of the text inserted in place of ss. 221–262 (as mentioned in s. 1(a) of the 1989 Act)
F2S. 245A(1) substituted (22.3.2005) by The Companies Act 1985 (Operating and Financial Review and Directors' Report etc.) Regulations 2005 (S.I. 2005/1011), reg. 15(2)
F3Words in s. 245A(1)(a)(b) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg. 2(2)(a), Sch. 1 para. 10(2)(a)
F4Words in s. 245A(1) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg. 2(2)(a), Sch. 1 para. 10(2)(b)
F5Words in s. 245A(2) substituted (22.3.2005) by The Companies Act 1985 (Operating and Financial Review and Directors' Report etc.) Regulations 2005 (S.I. 2005/1011), reg. 15(3)
F6Words in s. 245A(2) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg. 2(2)(a), Sch. 1 para. 10(3)(a)
F7Words in s. 245A(2) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg. 2(2)(a), Sch. 1 para. 10(3)(b)
F8Words in s. 245A(3) substituted (22.3.2005) by The Companies Act 1985 (Operating and Financial Review and Directors' Report etc.) Regulations 2005 (S.I. 2005/1011), reg. 15(4)
F9S. 245A(3) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg. 2(2)(a), Sch. 1 para. 10(4)
F10S. 245A(4) substituted (22.3.2005) by The Companies Act 1985 (Operating and Financial Review and Directors' Report etc.) Regulations 2005 (S.I. 2005/1011), reg. 15(5)
F11Words in s. 245A(4) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg. 2(2)(a), Sch. 1 para. 10(5)(a)
F12Words in s. 245A(4) substituted (12.1.2006) by The Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005 (S.I. 2005/3442), reg.2(2)(a), Sch. 1 para. 10(5)(b)
Modifications etc. (not altering text)
C1Ss. 245A and 245B excluded by S.I. 1990/2569, art. 6(2)
C2Ss. 245-245C applied (1.10.2005) by The Companies (Disclosure of Auditor Remuneration) Regulations 2005 (S.I. 2005/2417), reg. 7
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