Law library · Sierra Leone · The Companies Act, 2009
Fifth Schedule, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
MODIFIED FINANCIAL STATEMENTS OF COMPANIES QUALIFYING AS
SMALL C OMPANIES
PART 1
MODIFIED INDIVIDUAL FINANCIAL STATEMENTS
Introductory
Accounts modified as for a small company
1. (1) In respect of the relevant financial year, there may be delivered a
copy of a modified balance sheet, instead of the full balance sheet.
(2) The modified balance sheet shall be an abbreviated version of the full
balance sheet, showing only those items to which a letter or number is assigned in
the balance sheet format adopted under Part I of the Third Schedule but in other
respects corresponding to the full balance sheet.
(3) The copy of the modified balance sheet shall be signed by two
2. A copy of the profit and loss account need not be delivered nor a copy
of the directors’ report otherwise required by section 293.
3. If a modified balance sheet is delivered, there shall be disclosed in it (or
in a note to the company’s accounts delivered)-
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(a) the aggregate of the amounts required by note (5) of the
notes on the balance sheet formats set out in Part I of the
Third Schedule, to be shown separately for each item
included under debtors (amounts falling due after one
year); and
(b) the aggregate of the amounts required by note 13 of those
notes to be shown separately for each item included under
creditors in format 2 (amounts falling due within one year
or after more than one year).
4. The company’s balance sheet shall contain a statement by the directors
that-
(a) they rely on sections 301 to 304 as entitling them to deliver
modified accounts; and
(b ) they do so on the ground that the company is entitled to
the benefit of those sections as a small company;
and the statement shall appear in the balance sheet immediately above the signatures
of the directors.
5. (1) The accounts delivered shall be accompanied by a special report of
the auditors stating that in their opinion–
(a) the directors are entitled to deliver modified accounts, in
respect of the financial year, as claimed in the directors
statement, and
(b) any accounts comprised in the documents delivered as
modified accounts are properly prepared as such in
accordance with this Schedule.
(2) A copy of the auditors’ report under section 310 need not be
delivered; but the full text of it shall be reproduced in the special report under this
paragraph.
(3) If the directors propose to rely on section 310 to 304 as entitling
them to deliver modified accounts, it shall be the auditors’ duty to provide them
with a report stating whether in their opinion the directors are so entitled, and
whether the documents to be delivered as modified accounts are property prepared
in accordance with this Act.
6. Subject to this Part, where the directors rely on sections 299 to 302 in
delivering any documents, and-
(a) the company is entitled to the benefit of those sections on
the ground claimed by the directors’ in their statement;
(b) the accounts comprised in the documents are properly
prepared in accordance with this Schedule,
then this Act shall have effect as if any document which by virtue of this Part is
included in or omitted from the documents delivered as modified accounts were
(or, as the case may be), were not required by this Act to be comprised in the
company’s accounts in respect of the year.
MODIFIED GROUP FINANCIAL STATEMENTS (IN CONSOLIDATED
FORM) FOR SMALL COMPANIES
7. (1) In respect of the relevant year, there may be delivered a copy of a
modified balance sheet instead of the full consolidated balance sheet.
(2) The modified balance sheet shall be an abbreviated version of the
full consolidated balance sheet, showing only those items to which a letter or
Roman numeral is assigned in the balance sheet format adopted under Part 1 of the
Third Schedule, but in other respect corresponding to the full consolidated balance
sheet.
8. The information required by the Third Schedule to be given in notes to
group financial statements need not be given, with the exception of any information
required by provisions of that Schedule listed in paragraph 3 of that Schedule.
9. There shall be disclosed in the modified balance sheet, or in a note to the
group accounts delivered, aggregate amounts corresponding to those specified in
paragraph 5.
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PART III
MODIFIED GROUP ACCOUNTS CONSOLIDATED OR OTHERS
11. The director’s statement to be contained in the balance sheet include a
statement that the documents delivered include modified group accounts, in reliance
on section 301.
12. (1) The auditors’ special report under paragraph 5 shall include a
statement that in their opinion–
(a) the directors are entitled to deliver modified group accounts,
as claimed in their statement in the balance sheet, and
(b) any accounts comprised in the documents delivered as
modified group financial statements are properly prepared
as such in accordance with this Schedule.
(2) A copy of the auditors’ report need not be delivered; but the full
text of it shall be reproduced in the special report under paragraph 5.
(3) If the directors propose to rely on section 301 as entitling them to
deliver modified group financial statements, it is the auditor’s duty to provide them
with a report stating whether in their opinion the directors are so entitled, and
whether the documents to be delivered as modified group financial statements are
properly prepared in accordance with this Schedule.
13. Subject as above where the directors rely on section 301 in delivering
any documents, and–
(a) the company is entitled to the benefit of that section on the
ground claimed by the directors in their statement in the
balance sheet, and
(b) the accounts comprised in the documents delivered as
modified financial statements are properly prepared in
accordance with this Schedule, then section 312 has effect
as if any document which by virtue of this Schedule is
included in or omitted from the documents delivered as
modified group financial statements were (or, as the case
may be, were not) required by this Act to be comprised in
the company’s financial statements in respect of the year.
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