Part 7Accounts, audit and annual returns

Accounts and balance sheets

80Accounts and balance sheets to give a true and fair view

1

A revenue account of a registered society must give a true and fair view of—

a

the income and expenditure of the society as a whole (if the account deals with the society's affairs as a whole), or

b

the income and expenditure of the society in respect of a particular business carried on by it (if the account deals with that business),

for the period to which the account relates.

2

Where two or more revenue accounts are prepared in respect of a registered society for a year of account (see section 79(b)), the accounts when considered together must give a true and fair view of the income and expenditure of the society as a whole for that year.

3

A balance sheet of a registered society must give a true and fair view of the state of the society's affairs as at the date of the balance sheet.

4

A member of a registered society's committee commits an offence if the member fails to take all reasonable steps to secure that—

a

a revenue account of the society complies with subsection (1),

b

revenue accounts of the society to which subsection (2) applies comply with that subsection, or

c

a balance sheet of the society complies with subsection (3).

5

No offence is committed if the person had reasonable grounds to believe, and did believe, that a competent and reliable person was charged with the duty of securing that the relevant subsection was complied with and was in a position to discharge that duty.

6

In proceedings for an offence under this section it is for the defendant (in Scotland, the accused) to prove the matters mentioned in subsection (5).

7

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland, to a fine not exceeding level 5 on the standard scale.