BIM31005 - Tax and accountancy: true and fair view, the Companies Act requirement and EC Directives

‘True and fair view’ and company law

The requirement that all financial statements which are prepared for the purpose of compliance with the Companies Acts should give a ‘true and fair view’ was first introduced in the Companies Act 1947, which amended the former phrase ‘true and correct’.

The concept of ‘true and fair view’ was adopted for the whole of the European Community by the EC Council in its Fourth Directive, which laid down the form and content of company accounts. This was implemented in the UK by the Companies Act 1981, subsequently consolidated in the Companies Act 1985. Further changes were made by the Seventh Directive, which was implemented by the Companies Act 1989. The provisions are now in Schedules 4 and 4A to the 1985 Act, with the requirement for ‘true and fair view’ in Section 226 (227 for groups).

Accounting standards and company law

The Companies Act 1989 gave the first UK statutory recognition to the existence of accounting standards. It inserted a new Section 256 in the Companies Act 1985, and a new disclosure requirement in Schedule 4 to that Act. ‘Accounting standards’ are defined as statements of standard accounting practice issued by prescribed bodies; accounting standards applicable to a company’s accounts are those which are relevant to a company’s circumstances and to the accounts. Schedule 4, paragraph 36A, requires companies to state by way of note whether the accounts have been prepared in accordance with applicable standards and particulars of and reasons for any material departures. (There is an exception for small and medium sized companies and certain small and medium sized groups).

The Accounting Standards Board is the prescribed standard setting body for the purposes of Section 256.