Cap. 386 Art. 183Copies of accounts to be provided to Registrar.

(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 the directors’ report accompanying the annual accounts within forty-

two days from the end of the period for laying of annual accounts prescribed by article 182. Where a copy of the annual accounts, auditors’ report and directors’ report is delivered to the Registrar by electronic means, without prejudice to the requirements of articles 176(3), 178(3) and 179(6), such electronic copy shall be authenticated in accordance with article 82:

Provided that without prejudice to this sub-article, when a copy of the annual accounts, auditors’ report and directors’ report is submitted to the relevant competent authority as part of the company’s reporting obligations in accordance with the European Single Electronic Format reporting standard, in accordance with Commission 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 copy shall be transmitted to the Registrar by means of an application programming interface or by similar electronic means.

(2) A company which qualifies as a small company in terms of article 185(1) need not deliver to the Registrar the directors’ report:

Provided that where the company 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 and loss account: 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 the prescribed form signed by the same directors who signed the balance sheet shall, together with the annual accounts, be delivered 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 parent 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 parent 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 document a translation of it into either Maltese or English, certified to be a correct translation in such manner as may be prescribed.

(6) In the case of default in complying with the provisions of this article, or where the annual accounts delivered to the Registrar 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, for every day during which the default continues, to a further penalty. In proceedings under this sub-article it shall not be a defence to prove that the document or documents in question were not in fact prepared as required by this Act.