The Companies (Audit, Investigations and Community Enterprise) Act 2004 (c 27), sometimes called CAICE, is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
that regulates certain practices in
financial record keeping and reporting for
companies
A company, abbreviated as co., is a legal entity representing an association of legal people, whether natural, juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specifi ...
.
In 2005 and 2013, Mäntysaari and McLaughlin said this Act is important. It is comparable to the US
Sarbanes–Oxley Act
The Sarbanes–Oxley Act of 2002 is a United States federal law that mandates certain practices in financial record keeping and reporting for corporations. The act, , also known as the "Public Company Accounting Reform and Investor Protectio ...
.
The following consultation documents and reports are precursors of this Act:
*The "Final Report of the Co-ordinating Group on Audit and Accounting Issues" to the Secretary of State for Trade and Industry and the
Chancellor
Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...
of the Exchequer, published in January 2003
*"Review of the Regulatory Regime of the Accountancy Profession: Legislative Proposals", published in March 2003, and the "Report on the public consultation and the Government's conclusions", published in February 2004
*The consultation document "Company Investigations: Powers for the 21st Century" published in October 2001
*The consultation document "Enterprise for Communities: proposals for a Community Interest Company", published in March 2003, and the "Report on the public consultation and the Government's intentions", published in October 2003
*The consultation document "Director and Auditor Liability" published in December 2003
Part 1 – Auditors, Accounts, Directors' Liabilities and Investigations
Chapter 4 – Investigations
In 2005, Griffiths thought that powers to require documents, under section 21 of this Act, and to enter and remain on premises, under section 23 thereof, were reminiscent of the novel
Nineteen Eighty-Four
''Nineteen Eighty-Four'' (also published as ''1984'') is a dystopian novel and cautionary tale by the English writer George Orwell. It was published on 8 June 1949 by Secker & Warburg as Orwell's ninth and final completed book. Thematically ...
.
Part 2 – Community interest companies
This Part introduces
community interest companies
A community is a social unit (a group of people) with a shared socially-significant characteristic, such as place, set of norms, culture, religion, values, customs, or identity. Communities may share a sense of place situated in a given geo ...
, and the officer known as the
Regulator of Community Interest Companies.
Part 3 – Supplementary
Section 65 – Commencement etc.
The Companies (Audit, Investigations and Community Enterprise) Act 2004 (Commencement) and Companies Act 1989 (Commencement No 18) Order 2004(S.I. 2004/3322 (C. 154)) was made under this section.
Community Interest Company Regulations 2005
The
Community Interest Company Regulations 2005 (SI 2005/1788) were made under powers conferred by this Act.
["Community Interest Company Company Regulations 2005". Butterworths Company Law Handbook. 31st Ed. p]
1488
to 1507.
See also
*
Companies Act
Companies Act (with its variations) is a stock short title used for legislation in Botswana, Hong Kong, India, Kenya, Malaysia, New Zealand, South Africa and the United Kingdom in relation to company law. The Bill for an Act with this short title w ...
References
*
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Me ...
*Andrew Haynes. "Companies (Audit, Investigations and Community Enterprise) Act 2004". Current Law Statutes 2004. Volume 2. Chapter 27
Page 27-1et seq.
*Keith Walmsley (ed). "Companies (Audit, Investigations and Community Enterprise) Act 2004". Butterworths Company Law Handbook. 31st Edition. LexisNexis. 2017. Page
1393to 1423. See also passim. See also the 19th to 30th editions of this book.
*Paul Gee. "Companies (Audit, Investigations and Community Enterprise) Act 2004". UK GAAP for Business and Practice. Chapter 2.7 at page
20and 21. See also pages 2, 7 and 475.
*Peter Loose, Michael Griffiths and David Impey. The Company Director. Twelfth Edition. Jordan Publishing. 2015. Pages v, 15 to 17, 21, 124
196to 202, 204, 205, 207 to 210, 215, 216, 359, 362, 363, 365, 368 to 371, 496 to 499 and 503 to 507.
*Mike Griffiths, "The DTI is watching you" in "Company Law" (2005) 155 The New Law Journal 198 and 199 (11 February 2005). See also pages 528, 529, 564, 649, 662 and CAS (86) 28. Google
*Mike Griffiths, "DTI: power to enter and remain" in "Company" (2005) 155 New Law Journal 738
*Richard C Bishop. " heCompanies (Audit, Investigations and Community Enterprise) Act 2004". Law and Regulation of Community Interest Companies. Bloomsbury Professional. 2022. Paragraph 2.3 at pages 26 and 27. Paragraphs 3.2 to 3.6 at page
31
to 34. See also the paragraphs listed at page
x
and xi.
External links
The Companies (Audit, Investigations and Community Enterprise) Act 2004 as amended from the
National Archives
National archives are the archives of a country. The concept evolved in various nations at the dawn of modernity based on the impact of nationalism upon bureaucratic processes of paperwork retention.
Conceptual development
From the Middle Ages i ...
.
The Companies (Audit, Investigations and Community Enterprise) Act 2004 as originally enacted from the
National Archives
National archives are the archives of a country. The concept evolved in various nations at the dawn of modernity based on the impact of nationalism upon bureaucratic processes of paperwork retention.
Conceptual development
From the Middle Ages i ...
.
Explanatory notesto the Companies (Audit, Investigations and Community Enterprise) Act 2004.
{{Authority control
United Kingdom Acts of Parliament 2004
Audit legislation
Auditing in the United Kingdom
United Kingdom company law