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A

BILL

TO

Require certain financial institutions to prepare parallel accounts on the basis

of the lower of historic cost and mark to market for their exposure to

derivatives; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Parallel accounts: prudent accounts of true capital and true profits

(1) After section 397(1) of the Companies Act 2006 insert—

(2) Where the company making a statement under subsection (1) is any

financial services company regulated under the Financial Services and

5Markets Act 2000 the directors shall also prepare additional individual

accounts according to section 396 and these additional individual

accounts shall be known as “the prudent accounts of true capital and

true profits” and these accounts shall be the relevant accounts for the

purposes of Part 18 and Part 23 of this Act.

(2) 10In the Companies Act 2006—

(a) after section 712(2)(b)(ii) insert—

(iii) or where the relevant accounts are prudent

accounts of true capital and profits under section

397(2), provisions of a kind according to the

15regulations from the Secretary of State

prescribed under section 396;; and

(b) after section 836(1)(b)(ii) insert—

(iii) or where the relevant accounts are prudent

accounts of true capital and profits under section

20397(2), provisions of a kind according to the

regulations from the Secretary of State

prescribed under section 396;.

Financial Services (Regulation of Derivatives) BillPage 2

2 Right to return to preparing Companies Act individual accounts

After section 395(4)(c) of the Companies Act 2006 insert—

(d) and where the company is in any group containing any

financial services company regulated under the Financial

5Services and Markets Act 2000 and its accounts prepared in

accordance with Article 4 of the IAS Regulation would not

comply with sections 831, 832, 853(4) or Part 18 and Part 23 of

this Act..

3 Cessation of effect

10This Act shall cease to have effect in the event that the European Union-IAS

Regulation 2002 produces accounts that in the opinion of the Secretary of State

comply with and are consistent with: the Regulations from the Secretary of

State, sections 831, 832, 853(4) and Part 18 and Part 23 of the Companies Act

2006, in particular the requirement for amounts stated in accounts to be

15prudent, to include no unrealised profits, to make provisions for likely

contingent liabilities and for loans and other financial instruments to be stated

at the lower of cost and net realisable value.

4 Definition of certain financial institutions

For the purpose of section 1 of this Act a financial services company is any

20company regulated under the Financial Services and Markets Act 2000.

5 Short title, commencement and extent

(1) This Act may be cited as the Financial Services (Regulation of Derivatives) Act

2011.

(2) This Act comes into force on the day on which it is passed.

(3) 25This Act extends to England and Wales, Scotland and Northern Ireland.

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