(1) A company that is not required by this Act to lodge accounts with the Registrar shall include in or attach to its annual return under section 165 a statement relating to the accounts of the company required to be laid before the company at its annual general meeting held on the date to which the return is made up or if an annual general meeting is not held on that date, the annual general meeting last preceding that date, signed by the auditor of the company—
(a) stating whether the company has in his opinion kept proper accounting records and other books during the period covered by those accounts;
(b) stating whether the accounts have been audited in accordance with this Act;
(c) stating whether the auditor's report on the accounts was made subject to any qualification, or included any comment made under subsection 174(3), and, if so, particulars of the qualification or comment; and
(d) stating whether as at the date to which the profit and loss account has been made up, the company appeared to have been able to meet its liabilities as and when they fall due.
(2) If a company fails to comply with this section, the company and every officer of the company who is in default shall be guilty of an offence against this Act.
|