The Companies Act No. 17 of 2015Section 677 of The Companies Act No. 17 of 2015: Requirements in connection with publication of non-statutory financial statement
(1) If a company publishes a non–statutory financial statement, it shall publish with it a statement indicating—
(a) that it is not the company's statutory financial statement;
(b) whether a statutory financial statement dealing with a financial year with which the non-statutory financial statement purports to deal has been lodged with the Registrar for registration; and
(c) whether an auditor's report has been made on the company’s statutory financial statement for any such financial year, and if so whether the report—
(i) was qualified or unqualified, or included a reference to any matters to which the auditor emphasised without qualifying the report;
(ii) contained a statement under section 730(2); or (iii) contained a statement under section 730(3).
(2) The company shall not publish with a non-statutory financial statement the auditor's report on the company's statutory financial statement.
(3) In this section, a reference to the publication by a company of a non-statutory financial statement is to the publication of—
(a) any balance sheet or profit and loss account relating to, or purporting to deal with, a financial year of the company; or
(b) a statement in any form purporting to be a balance sheet or profit and loss account for a group headed by the company relating to, or purporting to deal with, a financial year of the company, otherwise than as part of the company’s statutory financial statement.
(4) In subsection (3)(b), "a group headed by the company" means a group consisting of the company and any other undertaking (regardless of whether it is a subsidiary undertaking of the company) other than a parent undertaking of the company.
(5) If a company contravenes a provision of this section, the company, and each officer of the company who is in default, commit an offence and on conviction are each liable to a fine not exceeding five hundred thousand shillings.
(6) This section does not apply in relation to the provision by a company of a summary financial statement under section 665.
Check the current authoritative text and amendment history before relying on this provision.
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