C5Part 16Audit
C3C4Chapter 1Requirement for audited accounts
Pt. 16 Ch. 1 applied (with modifications) (6.4.2008) by The Bank Accounts Directive (Miscellaneous Banks) Regulations 2008 (S.I. 2008/567), reg. 4, Sch. para. 1 (with Sch. para. 11)
Pt. 16 Ch. 1 applied (with modifications) (6.4.2008) by The Partnerships (Accounts) Regulations 2008 (S.I. 2008/569), regs. 4, 7, Sch. Pt. 1
Exemption from audit: small companies
C1C2479Availability of small companies exemption in case of group company
1
A company is not entitled to the exemption conferred by section 477 (small companies) in respect of a financial year during any part of which it was a group company unless—
F1a
the group—
i
qualifies as a small group in relation to that financial year, and
ii
was not at any time in that year an ineligible group, or
b
subsection (3) applies.
2
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A company is not excluded by subsection (1) if, throughout the whole of the period or periods during the financial year when it was a group company, it was both a subsidiary undertaking and dormant.
4
In this section—
a
“group company” means a company that is a parent company or a subsidiary undertaking, and
b
“the group”, in relation to a group company, means that company together with all its associated undertakings.
For this purpose undertakings are associated if one is a subsidiary undertaking of the other or both are subsidiary undertakings of a third undertaking.
5
For the purposes of this section—
a
whether a group qualifies as small shall be determined in accordance with section 383 (companies qualifying as small: parent companies);
b
“ineligible group” has the meaning given by section 384(2) and (3);
c
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The provisions mentioned in subsection (5) apply for the purposes of this section as if all the bodies corporate in the group were companies.
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2