COMPANIES (AMENDMENT) ACT, 1986

Type Act
Publication 1986-07-12
Last updated 2014-12-23
State Repealed superseded text
Text As published
articles 25

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

28 amending acts · 2014-12-23, Companies Act 2014

Reform history JSON API

Rules for determining particular fixed asset items

8.

(1) Notwithstanding that an item in respect of “development costs” is included under “fixed assets” in the balance sheet formats set out in part I of this Schedule, an amount may only be included in a company's balance sheet in respect of that item in special circumstances.

9.

(1) The application of paragraphs 5 to 7 of this Schedule in relation to goodwill (in any case where goodwill is treated as an asset) is subject to the following provisions of this paragraph.

CURRENT ASSETS

10.

Subject to paragraph 11 of this Schedule the amount to be included in respect of any current asset shall be its purchase price or production cost.

11.

(1) If the net realisable value of any current asset is lower than its purchase price or production cost, the amount to be included in respect of that asset shall be the net realisable value.

MISCELLANEOUS

Excess of money owed over value received as an asset item

12.

(1) Where the amount repayable on any debt owed by a company is greater than the value of the consideration received in the transaction giving rise to the debt, the amount of the difference may be treated as an asset.

Assets included at a fixed amount

13.

(1) Subject to subparagraph (2) of this paragraph, assets which fall to be included—

may be included at a fixed quantity and value.

Determination of purchase price or production cost

14.

(1) The purchase price of an asset shall be determined by adding to the actual price paid any expenses incidential to its acquisition.

Provided, however, in a case within clause (b) of this subparagraph that the inclusion of the interest in determining the cost of that asset is disclosed in a note to the accounts.

15.

(1) Subject to the qualification mentioned in this subparagraph, the purchase price or production cost of—

may be determined by the application of any of the methods mentioned in subparagraph (2) of this paragraph in relation to any such assets of the same class.

The method chosen must be one which appears to the directors to be appropriate in the circumstances of the company.

the amount of that difference shall be disclosed in a note to the accounts.

Substitution of original stated amount where price or cost unknown

16.

Where there is no record of the purchase price or production cost of any asset of a company or of any price, expense or costs relevant for determining its purchase price or production cost in accordance with paragraph 14 of this Schedule or any such record cannot be obtained without unreasonable expense or delay, its purchase price or production cost shall be taken for the purposes of paragraphs 5 to 11 of this Schedule to be the value ascribed to it in the earliest available record of its value made on or after its acquisition or production by the company.

Part III

ALTERNATIVE RULES IN RELATION TO THE DRAWING UP OF ACCOUNTS

Preliminary

17.

(1) The rules set out in Part II of this Schedule are referred to subsequently in this Schedule as the historical cost accounting rules.

18.

Subject to paragraphs 20 to 22 of this Schedule, the amounts to be included in respect of assets of any description mentioned in paragraph 19 of this Schedule may be determined on any basis so mentioned.

Alternative accounting rules

19.

(1) Intangible fixed assets, other than goodwill, may be included at their current cost.

but in the latter case particulars of the method of valuation adopted and of the reasons for adopting it shall be disclosed in a note to the accounts.

Application of the depreciation rules

20.

(1) Where the value of any asset of a company is determined on any basis mentioned in paragraph 19 of this Schedule, that value shall be, or (as the case may require) be the starting point for determining, the amount to be included in respect of that asset in the company's accounts, instead of its purchase price or production cost or any value previously so determined for that asset; and the depreciation rules shall apply accordingly in relation to any such asset with the substitution for any reference to its purchase price or production cost of a reference to the value most recently determined for that asset on any basis mentioned in the said paragraph 19.

may be the historical cost amount instead of the adjusted amount:

Provided that, if the amount of the provision for depreciation is the historical cost amount, the amount of any difference between the two shall be shown separately in the profit and loss account or in a note to the accounts.

Additional information in case of departure from historical cost rules

21.

(1) This paragraph applies where the amounts to be included in respect of assets covered by any items shown in a company's accounts have been determined on any basis mentioned in paragraph 19 of this Schedule.

shall be shown separately in the balance sheet or in a note to the accounts.

Revaluation reserve

22.

(1) With respect to any determination of the value of an asset of a company on any basis mentioned in paragraph 19 of this Schedule, the amount of any profit or loss arising from that determination (after allowing, where appropriate, for any provisions for depreciation or diminution in value made otherwise than by reference to the value so determined and any adjustments of any such provisions made in the light of that determination) shall be credited or (as the case may be) debited to a separate reserve (referred to in this paragraph as “the revaulation reserve”).

Part IV

INFORMATION REQUIRED BY WAY OF NOTES TO ACCOUNTS

Preliminary

23.

(1) Any information required in the case of any company by the following provisions of this Part shall (if not given in the company's accounts) be given by way of a note to those accounts.

24.

The accounting policies adopted by the company in determining the amounts to be included in respect of items shown in the balance sheet and in determining the profit or loss of the company shall be stated (including such policies with respect to the depreciation and diminution in value of assets).

Information supplementing the balance sheet

25.

Paragraphs 26 to 37 of this Schedule require information which either supplements the information given with respect to any particular items shown in the balance sheet or is otherwise relevant to assessing the company's state of affairs in the light of the information so given.

Share capital and debentures

26.

(1) The following information shall be given with respect to the company's share capital—

27.

If the company has allotted any shares during the financial year to which the accounts relate, the following information shall be given—

28.

(1) If the company has issued any debentures during the financial year to which the accounts relate, the following information shall be given—

Fixed assets

29.

(1) In respect of each item which is or would, but for section 4 (6) (b) of this Act, be shown under the general item “fixed assets” in the company's balance sheet, the following information shall be given—

(leaving out of account in either case any provisions for depreciation or diminution in value).

shall be also stated.

30.

Where any fixed assets of the company (other than listed investments) are included under any item shown in the company's balance sheet at an amount determined on any basis mentioned in paragraph 19 of this Schedule, the following information shall be given—

Financial assets and investments held as current assets

31.

(1) In respect of the amount of each item which is or would, but for section 4 (6) (b) of this Act, be shown in the company's balance sheet under the general items “financial assets” or “investments, held as current assets” there shall be stated—

Reserves and provisions

32.

(1) Where any amount is transferred—

and the reserves or provisions are or would, but for section 4 (6) (b) of this Act, be shown as separate items in the company's balance sheet, the information mentioned in subparagraph (2) of this paragraph shall be given in respect of the aggregate of reserves or provisions included in the same item.

Provision for taxation

33.

The amount of any provision for taxation other than deferred taxation shall be stated.

Details of indebtedness

34.

(1) In respect of each item shown under “creditors” in the company's balance sheet there shall be stated—

and, in the case of debts within clause (b) of this subparagraph, the aggregate amount of instalments falling due after the end of that period shall also be disclosed for each such item.

and references to items shown under “creditors” include references to items which would, but for section 4 (6) (b) of this Act, be shown under that heading.

35.

If any fixed cumulative dividends on the company's shares are in arrears, there shall be stated—

Guarantees and other financial commitments

36.

(1) Particulars shall be given of any charge on the assets of the company to secure the liabilities of any other person, including, where practicable, the amount secured.

and, where any such commitment relates wholly or partly to pensions payable to past directors of the company, separate particulars shall be given of that commitment so far as it relates to such pensions.

shall be stated separately from the other commitments within that subparagraph (and commitments within clause (a) of this subparagraph shall also be stated separately from those within clause (b) of this subparagraph).

Miscellaneous matters

37.

(1) Particulars shall be given of any case where the purchase price or production cost of any assets is for the first time determined under paragraph 16 of this Schedule.

Information supplementing the profit and loss account

38.

Paragraphs 39 to 43 of this Part require information which either supplements the information given with respect to any particular items shown in the profit and loss account or otherwise provides particulars of income or expenditure of the company or of circumstances affecting the items shown in the profit and loss account.

Separate statement of certain items of income and expenditure

39.

(1) Subject to the following provisions of this paragraph, each of the amounts mentioned in subparagraphs (2) to (6) of this paragraph shall be stated.

This subparagraph does not apply to interest or charges on loans to the company from group companies, but, with that exception, it applies to interest or charges on all loans, whether made on the security of debentures or not.

Particulars of tax

40.

(1) The basis on which the charge for corporation tax, income tax and other taxation on profits (whether payable in or outside the State) is computed shall be stated.

These amounts shall be stated separately in respect of each of the amounts which is or would, but for section 4 (6) (b) of this Act, be shown under the following items in the profit and loss account, that is to say, “tax on profit or loss on ordinary activities” and “tax on extraordinary profit or loss”.

Particulars of turnover

41.

(1) If in the course of the financial year, the company has carried on business of two or more classes which, in the opinion of the directors, differ substantially from each other, there shall be stated in respect of each class (describing it) the amount of the turnover attributable to that class.

In this subparagraph “market” means a market delimited in a geographical manner.

and any amounts properly attributable to one class of business or (as the case may be) to one market which are not material may be included in the amount stated in respect of another.

Particulars of staff

42.

(1) The following information shall be given with respect to the employees of the company—

save insofar as these amounts or any of them are stated in the profit and loss account.

and, in either case, adding together all the weekly numbers.

Miscellaneous matters

43.

(1) Where any amount relating to any preceding financial year is included in any item in the profit and loss account, the effect shall be stated.

General

44.

(1) Where sums originally denominated in foreign currencies have been brought into account under any items shown in the balance sheet or profit and loss account, the basis on which those sums have been translated into Irish currency shall be stated.

it shall be adjusted and particulars of the adjustment and the reasons for it shall be given.

Part V

SPECIAL PROVISIONS WHERE A COMPANY IS A HOLDING COMPANY OR SUBSIDIARY

Company's own accounts

45.

(1) This Part applies where the company is a holding company, whether or not it is itself a subsidiary of another body corporate, but paragraphs 54 and 55 of this Schedule do not apply to a private company taking advantage of section 154 of the Principal Act nor to a company which is at the end of its financial year the wholly owned subsidiary of another body corporate incorporated in the State.

the aggregate amounts within paragraphs (a) and (b) of this subparagraph, respectively, shall be shown as separate items, either by way of subdivision of the relevant item in the balance sheet or in a note to the company's accounts.

46.

(1) Subject to subparagraph (2) of this paragraph, where the company is a holding company, the number, description and amount of the shares in and debentures of the company held by its subsidiaries or their nominees shall be disclosed in a note to the company's accounts.

Provided that in the latter case neither the company nor a subsidiary of the company is beneficially interested under the trust, otherwise than by way of security only for the purposes of a transaction entered into by it in the ordinary course of a business which includes the lending of money.

Consolidated accounts of holding company and subsidiaries

47.

Subject to paragraph 49 of this Schedule, the consolidated balance sheet and profit and loss account shall combine the information contained in the separate balance sheets and profit and loss accounts of the holding company and of the subsidiaries dealt with by the consolidated accounts, but with such adjustments, if any, as the directors of the holding company think necessary.

48.

(1) Subject to paragraphs 49 to 51 of this Schedule and to Part VI of this Schedule, the consolidated accounts shall, in giving the said information, comply so far as practicable, with the requirements of this Schedule and the other requirements of the Companies Acts, 1963 to 1986, as if they were the accounts of an actual company.

49.

The following provisions shall not, by virtue of paragraphs 47 and 48 of this Schedule, apply for the purpose of the consolidated accounts—

50.

(1) Notwithstanding paragraph 48 of this Schedule the consolidated accounts prepared by a holding company may, at the discretion of the directors, deal with an investment of any member of the group in the shares of any other body corporate by way of the equity method of accounting in any case where it appears to the directors of the holding company that that other body corporate is so closely associated with any member of the group as to justify the use of that method in dealing with investments by that or any other member of the group in the shares of that other body corporate.

51.

Paragraphs 5 to 7 and 9 of this Schedule may be applied to any amount shown in the consolidated balance sheet in respect of goodwill arising on consolidation.

52.

In relation to any subsidiaries of the holding company not dealt with by the consolidated accounts, paragraphs 45 and 46 of this Schedule shall apply for the purpose of those accounts as if those accounts were the accounts of an actual company of which they were subsidiaries.

Group accounts not prepared as consolidated accounts

53.

Group accounts which are not prepared as consolidated accounts, together with any notes to those accounts, shall give the same or equivalent information as that required to be given by consolidated accounts by virtue of paragraphs 47 to 51 of this Schedule.

Provisions of general application

54.

(1) This paragraph applies where a company is a holding company and either—

and references in this paragraph to subsidiaries shall be read in a case within clause (b) of this subparagraph as references to such of the subsidiaries of the company concerned as are excluded from the group accounts.

shall be given in a note to the company's accounts.

55.

Where a company has subsidiaries whose financial years did not end with that of the company, the following information shall be given in relation to each such subsidiary (whether or not dealt with in any group accounts prepared by the company) by way of a note to the company's accounts or (where group accounts are prepared) to the group accounts, that is to say—

Part VI

SPECIAL PROVISIONS WHERE A COMPANY IS AN INVESTMENT COMPANY

56.

(1) Paragraph 22 of this Schedule shall not apply to the amount of any profit or loss arising from a determination of the value of any investments of an investment company on any basis mentioned in paragraph 19 (3) of this Schedule.

57.

Any distribution made by an investment company which reduces the amount of its net assets to less than the aggregate of its called-up share capital and undistributable reserves shall be disclosed in a note to the company's accounts.

58.

A company shall be treated as an investment company for the purposes of this Part in relation to any financial year of the company if—

59.

Where a company entitled to the benefit of any provision contained in this Part is a holding company, the reference in paragraph 48 of this Schedule to consolidated accounts complying with the requirements of the Companies Acts, 1963 to 1986, shall, in relation to consolidated accounts of that company, be construed as referring to those requirements insofar only—

Part VII

INTERPRETATION OF SCHEDULE

Assets: fixed or current

60.

For the purposes of this Schedule, assets of a company shall be taken to be fixed assets if they are intended for use on a continuing basis in the company's activities, and any assets not intended for such use shall be taken to be current assets.

Balance sheet date

61.

For the purposes of this Schedule, “balance sheet date”, in relation to a balance sheet, means the date as at which the balance sheet was prepared.

Capitalisation

62.

References in this Schedule to capitalising any work or costs are references to treating that work or those costs as a fixed asset.

Fellow subsidiary

63.

For the purposes of this Schedule, a body corporate shall be treated as a fellow subsidiary of another body corporate if both are subsidiaries of the same body corporate but neither is the other's.

Group companies

64.

For the purposes of this Schedule, “group company”, in relation to any company, means any body corporate which is that company's subsidiary or a holding company, or a subsidiary of that company's holding company.

Historical cost accounting rules

65.

References in this Schedule to the historical cost accounting rules shall be read in accordance with paragraph 17 of this Schedule.

Listed investments

66.

In this Schedule, “listed investments” means an investment as respects which there has been granted a listing on a recognised stock exchange within the State or on any stock exchange of repute outside the State.

Loans

67.

For the purposes of this Schedule, a loan shall be treated as falling due for payment, and an instalment of a loan shall be treated as falling due for payment, on the earliest date on which the lender could require repayment or (as the case may be) payment, if he exercised all options and rights available to him.

Materiality

68.

Amounts which in the particular context of any provision of this Schedule are not material may be disregarded for the purposes of that provision.

Provisions

69.

(1) References in this Schedule to provisions for depreciation or diminution in value of assets are references to any amount written off by way of providing for depreciation or diminution in value of assets.

70.

References in this Schedule to provisions for liabilities or charges are references to any amount retained as reasonably necessary for the purpose of providing for any liability or loss which is either likely to be incurred, or certain to be incurred but uncertain as to amount or as to the date on which it will arise.

Purchase price

71.

References in this Schedule (however expressed) to the purchase price of an asset of a company or of any raw materials or consumables used in the production of any such asset shall be read as including references to any consideration (whether in cash or otherwise) given by the company in respect of that asset or in respect of those materials or consumables (as the case may require).

Realised profits

72.

Without prejudice to—

it is hereby declared for the avoidance of doubt that references in this Schedule to realised profits, in relation to a company's accounts, are references to such profits of the company as fall to be treated as realised profits for the purposes of those accounts in accordance with principles generally accepted with respect to the determination for accounting purposes of realised profits at the time when those accounts are prepared.

Related companies

73.

(1) For the purposes of this Schedule, “related company”, in relation to any company, means any body corporate (other than one which is a group company in relation to that company) in which that company holds on a long term basis a qualifying capital interest for the purpose of securing a contribution to that company's own activities by the exercise of any control or influence arising from that interest.

“qualifying capital interest” in relation to any body corporate, means an interest in shares comprised in the equity share capital of that body corporate of a class carrying rights to vote in all circumstances at general meetings of that body corporate;

“equity share capital” has the meaning assigned to it by section 155 (5) of the Principal Act.

it shall be presumed to hold that interest on the basis and for the purpose mentioned in subparagraph (1) of this paragraph unless the contrary is shown.

Staff costs

74.

In this Schedule—

“social welfare costs” means any contribution by a company to any state social welfare, social security or pension scheme, fund or arrangement, being a fund or arrangement connected with such a scheme, and “social welfare” means any such scheme fund or arrangement;

“pension costs” include any other contributions by a company for the purposes of any pension scheme established for the purpose of providing pensions for persons employed by the company, any sums set aside for that purpose and any amounts paid by the company in respect of pensions without first being so set aside;

and any amount stated in respect of either of the above items or in respect of the item “wages and salaries” in a company's profit and loss account shall be determined by reference to payments made or costs incurred in respect of all persons employed by the company during the financial year concerned who are taken into account in determining the relevant annual number for the purposes of paragraph 42 (1) (a) of this Schedule.

Turnover

75.

For the purposes of this Schedule, “turnover”, in relation to any company, means the amounts derived from the provision of goods and services falling within the company's ordinary activities, after deduction of—

Wholly-owned Subsidiaries

76.

A body corporate shall be deemed for the purposes of this Schedule to be a wholly-owned subsidiary of another if it would be so deemed for the purposes of section 150 of the Principal Act.

Footnotes

*

Council Directive No. 78/660/EEC (OJ No. L 222 of 14.8.1978).

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