Companies Act (Cap. 386), article 183

183. (1) The company directors shall deliver to the Registrar for registration a copy of the company’s annual accounts laid before the company in general meeting in accordance with article 181 together with a copy of the auditors’ report thereon, and t he directors’ report accompanying t he annual accounts within forty - two days from the end of the per iod for laying of annual accoun ts prescribed by article 182. Whe re a copy of the annual accounts, auditors’ report and directors’ report is delivered to the Regi strar by electronic means, without prejudice to the requirements of arti cles 176(3), 178(3) and 179(6), such electronic copy shall be authen ticated in accordance with article 82: Provided that without prejudice to this sub-article, when a copy of the annual accounts, auditors’ report and directors’ re port is submitted to the relevant compet ent authority as part of the co mpany’s reporting obligations in accordance with the European Single Electronic Format reporting standard, in accordance with Commis sion Delegated Regulation (EU) 2019/815 of 17 December 2018 supplementing Directive 2004/109/EC of the European Parliament and of the Council with regard to regulatory technical standards on the specification of a single electronic reporting format, such cop y shall be transmitted to the Registrar by means of an application program ming interface or by similar electronic means. (2) A company which qualifies a s a small company in terms of article 185(1) need not deliver t o the Registrar the directors’ report: Provided that where the compa ny which qualifies as a small company is a private company having the status of an exempt company, it need not deliver to the Registrar the directors’ report and the profit a nd loss account: 126 CAP. 386.] COMP ANIES Provided further that where the exempt company also qualifies in terms of article 185(2), it need also not deliver to the Registrar an auditors’ report. (3) Where the directors of a company take advantage of any of the exemptions conferred by sub-article (2), a declaration on t he prescribed form signed by the same directors who signed the balance sheet shall, together w ith the annual accounts, be deli vered to the Registrar confirming that the company qualifies for the exemption or exemptions. (4) Where a company, which is a parent company, prepares consolidated accounts in accordance with the provisions of this Act it need not include a copy of its profit and loss account with the annual accounts to be delivered to the Registrar as prescribed in sub-article (1) where the following conditions are fulfilled - (a) the application of this exemption is disclosed in the notes to the accounts of the parent company and in the notes to the consolidated accounts; and (b) the profit or loss of the p arent company, determined in accordance with the provisions of this Act, shall be shown separately either on the face of the parent company’s balance sheet or in the notes to the accounts of the p arent company. (5) If any document comprised in the annual accounts is in a language other than Maltese or English, the company shall annex to the copy of that delivered documen t a translation of it into ei ther Maltese or English, certified to be a correct translation in su ch manner as may be prescribed. (6) In the case of default in co mplying with the provisions of this article, or where the annual accounts delivered to the Reg istrar do not comply with the provisions of this Act, every officer of the company who is in default shall be liable to a penalty, and, fo r every day during which the defau lt continues, to a further pena lty. In proceedings under this sub-ar ticle it shall not be a defence to prove that the document or documents in question were not in fa ct prepared as required by this Act. Annual return. Substituted by: IV . 2003.80. Amended by: XV . 2007.11; XX. 2013.84.