Limited by Guarantee - Cashflow statement

censuspro

Registered User
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Does anybody know the reference in the companies act stipulating that companies limited by guarantee are requires to prepare a cashflow, the CRO doesn't specify the cash flow statement as a requirement on it's website.[broken link removed]
 
Hi

Companies that are limited by guarantee are not regulated by the 1986 Companies Act or by any of the exemptions afforded to small or medium sized companies. They are regulated by the 1963 act and are required to file a full set of accounts with the CRO.

S148 and S149 of the Companies Act 1963 state that the directors must lay before the members of the company at the AGM a profit and loss and balance sheet that show a true and fair view. And S128 CA 1963 requires that these accounts are attached to the company's annual return.

In order for accounts to show a true and fair view it would be implied that they comply with all of the accounting standards that would have been in issue at the time the accounts were prepared.

FRS1 states that in order for a set of accounts to show a true and fair view they must include Cash Flow Statement.

So if you were to not to prepare a cashflow statement in the full accounts and file them with the CRO you would be arguing that somehow your accounts are special in that by including of a cashflow statement they would be somehow misleading. Although this is possible, clearly it would be very unusual.

This effectively gives the cashflow statement the same importance as the Profit and loss and Balance sheet although not implicitly stated in the companies acts.

capnhand
 
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