Section 78C Names to be stated in copies of auditor’s report filed or publishedF1

United Kingdom

(1)

The copy of the auditor’s report sent F2... under section 81, and every copy of the auditor’s report that is published by or on behalf of the society, must—

(a)

state the name of the auditor and (where the auditor is a firm) the name of the person who signed it as senior statutory auditor, or

(b)

if the conditions in section 78D (circumstances in which names may be omitted) are met, state that a resolution has been passed and notified ... in accordance with that section.

(F31A)

If more than one F4person is appointed as auditor, the reference in subsection (1)(a) to the name of the auditor is to be read as a reference to the names of all the auditors.

(2)

For the purposes of this section a building society is regarded as publishing the report if it publishes, issues or circulates it or otherwise makes it available for public inspection in a manner calculated to invite members of the public generally, or any class of members of the public, to read it.

(3)

If a copy of the auditor’s report is sent to the F5FCA or published without the statement required by this section, an offence is committed by—

(a)

the society, and

(b)

every officer of the society who is in default.

(4)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations

Textual amendments

F1: Ss. 78A-78D substituted for s. 78A (29.6.2008) by The Building Societies Act 1986 (Accounts, Audit and EEA State Amendments) Order 2008 (S.I. 2008/1519), arts. 1(2), 5
F2: Words in s. 78C(1) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 28(2) (with Sch. 12)
F3: S. 78C(1A) inserted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 4 para. 5 (with reg. 1(6))
F4: Word in s. 78C(1A) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Statutory Auditors and Third Country Auditors Regulations 2017 (S.I. 2017/516), regs. 1(2), 2(4)
F5: Word in s. 78C(3) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 28(3) (with Sch. 12)

Notes on Part VIII

Modifications

C1: Pt. VIII (ss. 71–82) excluded by S.I. 1986/2168, art. 12(1)(a)
C2: Pt. VIII (ss. 71–82) modified (temp.until 1.1.1993) by S.I. 1990/1392, art. 6(3)