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ANNUAL BUSINESS ACCOUNTS    June 2001
 
José Luis Hernández Socorro Curriculo
Accountant. Director of Gestiones.com
 
The annual accounts are documents that form a unit and must be clearly drafted in order to project an accurate Company image- the patrimony, the financial position and the Company's results. The documents that make up the annual accounts are, the Balance Sheet, the Loss and Profit Account and the Annual Report.

In a period of no more than 3 months from the year-end closing, the Company Administrators are obliged to draw up the annual accounts, the Chairman's report and the proposed application for the Company's results and how they are going to distribute the Company profits. If there are losses they can be compensated for by future profits.

The annual accounts and the Chairman's report must be signed by all the Administrators.

 
What is the balance sheet?
 
It is the basic accounting element of the Company. It reflects, clearly and precisely, general financial situation of the Company at the moment of the year-end closure; the 31st of December of the previous year. The contents of the balance sheet are broken down into two parts: assets and liabilities. The assets represent what the Company has and what is in its favour (client debts etc…) The liabilities, on the other hand, are what the Company owes or what is held against it.
 
Loss and profit account
 
This is the accounting element that sums up the positive and negative results of every year-end closure that is presented to the shareholders. According to Commercial Law, the loss and profit account should also show, with the necessary separation, the income and expenses of each financial year and the difference which would be the result, (profit or loss).
 
The annual report
 

This is more of a literary document, which explains at length, how the Balance Sheet, Profit and Loss accounts have been formulated. The Annual Report should complete, expand on and state the contents of the Balance Sheet and the Profit and Loss account.

 
Approval of the accounts
 

In order to gain the necessary approbation of the yearly accounts, it is essential to follow the following procedure:

Call a Stockholders Meeting that has to take place within the first six months of the following accounting year For example, in order to approve the financial year for 2000, the shareholders would have to meet during the first six months of 2001. The meeting must be called according to the requirements, period and public awareness established by law to guarantee the rights of all the shareholders.

The Stockholders Meeting must take place with the quorum stated by the law or a higher quorum if so stated in the articles of association. Those who attend will decide by majority vote, if the accounts are to be passed or not.

 
To register and make public the yearly accounts
 

Once the accounts have been approved, they then proceed to their deposit in the Mercantile Registry.

One copy of each of the elements, which make up the Annual Accounts (Balance Sheet, Profit and Loss Account and the Annual Report) must be deposited.

Once the Mercantile Registry has verified the registration it will then carry out the registry report, which will be noted down in the Libro Deposito de Cuentas (a book which records the registration of the yearly accounts).

The accounting documents must be kept in the Mercantile Registry at the disposition of those who wish to consult them for a period of six years.

The first working day of each month, the Mercantile Registry will remit a list of all the Companies who, during the last month, have complied with their obligation to register the annual accounts, to the Central Registry. The Mercantile Registry sends the Tax Authorities a list of the Companies that are registered and that have not deposited their accounts. If a Company has not rightfully deposited its annual accounts in the Mercantile Registry it is quite probable that it will be inspected by the Tax Authorities.

 
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