Section 1401A was inserted by Section 86 of the Companies (Accounting) Act 2017 for periods commencing on or after 1 January 2017 or where the Companies (Accounting) Act 2017 has been early adopted (permitted to be early adopted for periods beginning on or after 1 January 2015) then for the period from which the Companies (Accounting) Act 2017 has been early adopted.

(1) An investment company shall, once in every year after the expiration of its first financial year, deliver to the Registrar, in the prescribed manner, copies of the documents referred to in subsection (2) not later than 11 months after the end of the company’s financial year.

(2) The documents are as follows, namely:

  1. the statutory financial statements of the company for the financial year;
  2. the directors’ report for the financial year;
  3. the statutory auditors’ report on those financial statements and that directors’

(3) The reference in subsection (1) to a copy of a document is a reference to a copy that satisfies the following conditions:

  1. it is a true copy of the original save for the difference that the signature or signatures on the original, and any date or dates thereon, shall appear in typeset form on the copy;
  2. it is accompanied by a certificate of a director and the secretary of the company, that bears the signature of the director and the secretary in electronic or written form, stating that the copy is a  true copy of the original (and one such certificate relating to all of the documents mentioned in subsection (1) suffices and the foregoing statement need not be qualified on account of the difference permitted by paragraph (a) as to the form of a signature or of a date).

(4) Section 376 shall apply to an investment company as if the following subsection were substituted for subsection (1):

‘(1) This section has effect where the directors of an investment company have prepared revised financial statements or a revised directors’ report under section 367 and a copy of the original statutory financial statements or directors’ report, has been delivered to the Registrar under section 1401A.’.

(5) If an investment company fails to comply with the requirements of this section, the company and any officer of it who is in default shall be guilty of a category 3

(6) In subsection (5), ‘officer’ includes any shadow director and de facto director.

OmniPro Comment

What’s new or different? 

Companies (Accounting) Act 2017:

Updates references to sections repealed by the Act 2017

Companies Act 2014:

Not applicable


Expanded filing requirements for investment companies