Part 23Distributions

Chapter 2Justification of distribution by reference to accounts

Requirements applicable in relation to relevant accounts

838Requirements where interim accounts used

1

Interim accounts must be accounts that enable a reasonable judgment to be made as to the amounts of the items mentioned in section 836(1).

2

Where interim accounts are prepared for a proposed distribution by a public company, the following requirements apply.

3

The accounts must have been properly prepared, or have been so prepared subject to matters that are not material for determining (by reference to the items mentioned in section 836(1)) whether the distribution would contravene this Part.

4

“Properly prepared” means prepared in accordance with sections 395 to 397 (requirements for company individual accounts), applying those requirements with such modifications as are necessary because the accounts are prepared otherwise than in respect of an accounting reference period.

5

The balance sheet comprised in the accounts must have been signed in accordance with section 414.

6

A copy of the accounts must have been delivered to the registrar.

Any requirement of Part 35 of this Act as to the delivery of a certified translation into English of any document forming part of the accounts must also have been met.