The Micro-Entities' Accounts Regulations specifically state that where applying FRSSE (as amended) they only apply to eligible companies incorporated under the Companies Act 2006.
So does this literally mean that any company 'incorporated' under the Companies Act 195 (pre 2006 Act) and applying FRSSE is not eligible to report under these regulations ??
Replies (3)
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The regulations don't use the word "incorporated" anywhere in them. What they actually say is "companies, which deliver the accounts required by section 444 of the 2006 Act (filing obligations of companies subject to the small companies regime) to the registrar on or after the date on which these Regulations come into force." s444 of the 2006 Act applies to "companies" - s1 CA 2006 makes clear that "company" includes one registered under the 1985 Act. The point of this is to avoid it applying to other forms of entity; indeed, regulation 3 of the micro regs specifically clarifies things it doesn't apply to (qualifying partnerships, LLPs, overseas companies, unregistered companies and those registered under s1040 (broadly companies incorporated by other laws but registered under CA 2006 or its predecessors). So - whether originally incorporated under the 2006 Act or 1985 Act, the micro-entity option is equally available (assuming it meets the other eligibility requirements).
Can I refer you...
... to CA 2006, s. 1, as to what is meant by a company formed [or incorporated] (and registered) under CA 2006.
CA 2006, s. 1 follows nicely on from CA 1985, s. 735.
A company formed and registered under CA 1985 or an earlier companies act is also a company formed and registered under CA 2006.