Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.5 - SMALL BUSINESS GUIDE  

10   Annual financial reports and audit  

10.1   The small/large distinction.  

The accounting requirements imposed on a proprietary company under the Corporations Act depend on whether the company is classified as small or large. A company ' s classification can change from 1 financial year to another as its circumstances change.

A company is classified as small for a financial year if it satisfies at least 2 of the following tests:


· gross operating revenue of less than $10 million for the year


· gross assets of less than $5 million at the end of the year


· fewer than 50 employees at the end of the year.

A company that does not satisfy at least 2 of these tests is classified as large.

[ section 45A ]

As the great majority of proprietary companies are small under these tests, the discussion below deals mainly with the accounting requirements for small proprietary companies.

[ sections 286 - 301 ]

10.2   Financial records.  

Under the Corporations Act, all proprietary companies must keep sufficient financial records to record and explain their transactions and financial position and to allow true and fair financial statements to be prepared and audited. Financial record here means some kind of systematic record of the company ' s financial transactions - not merely a collection of receipts, invoices, bank statements and cheque butts. Financial records may be kept on computer.

[ sections 286 - 289 ]

10.3   Preparing annual financial reports and directors ' reports.  

The Corporations Act requires a small proprietary company to prepare an annual financial report (an annual profit and loss statement, a balance sheet and a statement of cash flows) and a directors ' report (about the company ' s operations, dividends paid or recommended, options issued etc.) if:


· the shareholders with at least 5% of the votes in the company direct it to do so; or


· ASIC directs it to do so; or


· it has one or more CSF shareholders at any time during the financial year.

Unless the shareholders ' direction specifies otherwise, the company must prepare the annual financial report in accordance with the applicable accounting standards.

Although the Corporations Act itself may not require a small proprietary company to prepare a financial report except in the circumstances mentioned, the company may need to prepare the annual financial reports for the purposes of other laws (for example, income tax laws). Moreover, good business practice may also make it advisable for the company to prepare the financial reports so that it can monitor and better manage its financial position.

Large proprietary companies must prepare annual financial reports and a directors ' report, have the financial report audited and send both reports to shareholders. They must also lodge the annual financial reports with ASIC unless exempted.

[ sections 286 - 301 , 319 - 320 ]


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.