Co-operative and Community Benefit Societies Act 2014

80 Accounts 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.