ustawa o rachunkowo 234ci nowelizacja tekst jednolity, Studia, BSIF [ Pobierz całość w formacie PDF ]
Journal of Laws of 2002, No. 76, item 694
2003-04-24 amendment Journal of Laws of 2003, No. 60, item 535 (Art. 527)
2003-08-23 amendment Journal of Laws of 2003, No. 139, item 1324 (Art. 1)
2003-10-01 amendment Journal of Laws of 2003, No. 60, item 535 (Art. 527)
2004-01-01 amendment Journal of Laws of 2003, No. 124, item 1152 (Art. 145)
2004-01-15 amendment Journal of Laws of 2003, No. 229, item 2276 (Art. 2)
2004-05-01 amendment Journal of Laws of 2004, No. 96, item 959 (Art. 14)
2004-07-01 amendment Journal of Laws of 2004, No. 146, item 1546 (Art. 304)
2004-07-10 amendment Journal of Laws of 2004, No. 145, item 1535 (Art. 1)
2004-10-15 amendment Journal of Laws of 2004, No. 213, item 2155 (Art. 1)
2005-01-01 amendment Journal of Laws of 2004, No. 213, item 2155 (Art. 1)
2005-02-01 amendment Journal of Laws of 2005, No. 10, item 66 (Art.2)
2005-10-24 amendment Journal of Laws of 2005, No. 184, item 1539 (Art. 108)
THE ACCOUNTING ACT of 29 September 1994
1)
(uniform text)
Chapter 1
General provisions
Art. 1. The Act specifies accounting principles and the procedures for auditing financial statements by statutory auditors.
Art. 2. 1.
(
1)
The provisions of the Accounting Act (hereinafter referred to as "the Act") shall apply, subject to the provisions of
Paragraph 3, to the following entities whose registered offices or place of executive management are located on the territory of the
Republic of Poland:
1) commercial companies
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(partnerships and companies, including those in the process of setting up) and civil partnerships,
subject to the provisions of Point 2, as well as other legal persons, except for the State Treasury and the National Bank of Poland;
2) natural persons, civil partnerships established by natural persons, general partnerships established by natural persons and
professional partnerships, if their net revenue from the sales of goods for resale, finished goods and financial transactions for the prior
financial year amounted to at least the Polish zloty equivalent of EUR 800,000;
3)
(
2)
business units which operate on the basis of the Banking Law, regulations on trading in securities, investment fund
regulations, insurance regulations or regulations on the organization and operation of pension funds, irrespective of their revenue;
4) communes, districts, provinces and their associations, as well as state, communal, district and provincial entities such as:
a) public sector entities;
b) auxiliary units of public sector entities;
c) public sector organizations;
d)
(
3)
special purpose funds without the status of a legal person;
5) business units without the status of a legal person, except for partnerships referred to in Points 1 and 2;
6) foreign legal persons, foreign entities without the status of a legal person, as well as foreign natural persons who carry out
business operations on the territory of the Republic in Poland in person, by an authorized person, with the aid of employees - in respect
of business activities conducted on the territory of the Republic in Poland, irrespective of their revenue;
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Commercial companies means here the entities established on the basis of the Code of Commercial Companies.
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7) entities not mentioned in Points 1-6, if they receive subsidies or subventions from the state budget, budgets of local
authorities or special purpose funds for carrying out assignments commissioned to them - from the beginning of the financial year in
which such subsidies or subventions were granted.
2. Natural persons, civil partnerships established by natural persons, general partnerships established by natural persons and
professional partnerships may apply the accounting principles specified in the Act from the beginning of the following financial year,
if their net revenue from the sales of goods for resale, finished goods and financial transactions for the prior financial year is less than
the Polish zloty equivalent of EUR 800,000. In such a case, these persons or partners are required to notify, before the beginning of the
financial year, the tax office relevant to income tax matters.
3.
(
4)
Entities which prepare their financial statements in accordance with International Accounting Standards, International Financial
Reporting Standards and related interpretations published in the form of regulations of the European Commission, hereinafter referred
to as "IAS", shall conform to the provisions of the Act and its related secondary legislation, in matters not regulated by IAS.
Art. 3. 1. Whenever the Act refers to:
1) an entity, it means entities and persons specified in Art. 2 Paragraph 1;
2) a bank, it means an entity which operate on the basis of the provisions of the Banking Law;
3) an insurer, it means an entity which carries out insurance activities on the basis of insurance regulations;
3a)
(
5)
regulations on trading in securities, it means provisions of the Act on Trading in Financial Instruments, the Act on Capital
Market Supervision, the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading
and Public Companies;
4) shares or shareholders, it means shares of and shareholders in a limited liability company as well as shares of and
shareholders in a joint stock company;
5) a local currency, foreign currencies and foreign exchange instruments, it means local currency, foreign currencies and foreign
exchange instruments specified in the provisions of the Foreign Exchange Law;
6)
(
6)
an entity's manager, it means a person or a body composed of one or more persons (the management board) which, by
virtue of the law, articles of association, partnership or company deed, or a title of ownership, has the right to manage a given entity,
except for proxies appointed by the entity. In the case of a general partnership or a civil partnership partners who manage the affairs of
the partnership shall be regarded as an entityÓs manager; in the case of a professional partnership - partners who manage the affairs of
the partnership or its management board; and in the case of a limited partnership or a limited joint stock partnership - general (non-
limited) partners who manage the affairs of the partnership. In the case of a natural person conducting business activities, such a
person is regarded as an entity's manager; this provision applies to freelance professionals accordingly. A receiver, as well as an
official receiver or a bankruptcy trustee appointed in the bankruptcy proceedings - if they manage the enterprise of the bankrupt Î shall
also be regarded as an entityÓs manager;
7) an approving body, it means a body which, by virtue of the law, articles of association, partnership or company deed, or a title
of ownership, has the right to approve the entity's financial statements. In the case of general partnerships (except for a limited joint
stock partnership) and civil partnerships, their partners are regarded as the approving body;
8) a reporting period, it means a period for which financial statements are prepared on the basis of the procedures specified in
the Act or a period for which other statements are prepared on the basis of the books of accounts;
9) a financial year, it means a calendar year or another period which lasts 12 full consecutive calendar months, applied for
taxation purposes as well. The financial year or its changes shall be specified in the articles of association or a partnership or company
deed on the basis of which the entity was set up. If an entity commenced its operations in the second half of the adopted financial year,
its books of accounts and financial statements for that period may be combined with the books of accounts and financial statements for
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adopted accounting policies, it means accounting solutions allowed by the Act, selected and applied by an entity, including
those specified in IAS, ensuring the required quality of the financial statements;
12) assets, it means resources of a reliably estimated value controlled by an entity, resulting from the past events and causing in
the future the inflow of economic benefits to the entity;
13) non-current assets , it means the entity's assets which are not classified as current assets referred to in Point 18;
14) intangible assets, it means, subject to the provisions of Point 17, property rights acquired by an entity, classified as non-
current assets, suitable for business use, with expected economic useful lives exceeding one year, which are intended to be used by the
entity, in particular:
a) copyright and similar rights, licences, concessions;
b) rights to inventions, patents, trademarks, designs and decorative patterns;
c) know-how.
In the case of intangible assets used under a rent, lease or similar agreement, intangible assets are classified as non-current assets of
one party to the agreement, in accordance with the provisions of Paragraph 4. Acquired goodwill and costs of completed development
projects shall also be classified as intangible assets;
15) property, plant and equipment, it means, subject to the provisions of Point 17, tangible non-current assets and their
equivalents, with expected useful lives exceeding one year, that are complete, usable, and intended for the entityÓs own use. They
include in particular:
a) real property, including land, rights to perpetual usufruct of land, structures and buildings, as well as premises to which an
entity has a separate title of ownership, co-operative title of ownership to an apartment and co-operative title of ownership to a
business premises;
b) machinery, equipment, vehicles and other items;
c) leasehold improvements;
d) livestock.
The items of property, plant and equipment used under a rent, lease or similar agreement are recognised as non-current assets of one
party to the agreement, in accordance with the provisions of Paragraph 4,
16) property, plant and equipment under construction, it means property, plant and equipment classified as non-current assets, in
the time of their construction, assembly or improvement of an already existing item of property, plant and equipment;
17) investments, it means assets acquired in order to derive economic benefits resulting from an increase in the value of these
assets, generation of income in the form of interest, dividends (participation in profits) or other rewards, including rewards from a
commercial transaction, in particular financial assets and those real property and intangible assets which are not used by the entity but
which have been acquired to derive such benefits. In the case of insurers, investments shall mean placements;
18) current assets, it means this part of the entity's assets which:
a) in the case of tangible assets referred to in Point 19 - are held for sale or consumption within 12 months from the balance
sheet date or in the course of a normal operating cycle characteristic to a given type of operations, if such a cycle lasts longer than 12
months;
b) in the case of financial assets referred to in Point 24 - are payable and mature or are held for sale within 12 months from the
balance sheet date or the date of their origination, issue or acquisition, or if they represent monetary assets;
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(
7)
the following year. If the financial year is changed, the first financial year after the change should cover a period longer than 12
consecutive months;
10) a balance sheet date, it means the date at which an entity prepares its financial statements;
11)
c) in the case of short-term receivables - comprise all trade receivables and the whole or a part of other receivables not classified
to financial assets that mature within 12 months from the balance sheet date;
d)
date;
19) tangible current assets, it means materials acquired for the entity's own use, finished goods (products and services)
manufactured or processed by an entity which are ready for sale or work in progress, semi-finished goods, and goods acquired for
resale in an unprocessed form;
20) liabilities, it means an entity's obligation arising from the past events to provide goods or services of a reliably estimated
value, and which will involve the use of existing or future assets of the entity;
21) provisions, it means liabilities whose due dates or amounts are not certain;
22) short-term liabilities, it means all trade payables as well as the whole or a part of other liabilities which mature within 12
months from the balance sheet date;
23) financial instruments, it means any contract giving rise to financial assets of one entity and a financial liability or an equity
instrument of another entity, on condition that a contract concluded by two or more parties clearly results in economic effects,
irrespective of whether the execution of contractual rights or obligations is unconditional or conditional. Financial instruments do not
include in particular:
a) deferred tax liabilities and deferred tax assets;
b) financial guarantee contracts which provide for the fulfilment of guarantee obligations by paying amounts corresponding to
losses incurred by a beneficiary due to a debtor's failure to settle the debt within a required deadline;
c) contracts for the transfer of rights to securities in the period between the transaction date and the settlement date, if in order to
execute these contracts it is necessary to deliver the securities at a specified date, and also when the transfer of these rights is made by
making an entry in a securities account maintained by an entity authorized to do so under other regulations;
d)
equity;
e) business combination agreements which give rise to obligations specified in Art. 44b Paragraph 9;
24) financial assets, it means monetary assets, equity instruments issued by other entities, as well as a contractual right to receive
monetary assets or to exchange financial instruments with another entity under favourable conditions;
25) monetary assets, it means assets in the form of a domestic currency, foreign currencies and foreign exchange instruments.
Monetary assets also include other financial assets, in particular accrued interest on financial assets. If such assets are payable or due
within 3 months from their receipt, issue, acquisition or placement, they are classified as cash for the purpose of a cash flow statement,
unless they are included in the cash flows from investing activities;
26) equity instruments, it means contracts which give a right to assets of an entity which remain after satisfying or securing all its
creditors, as well as an obligation of an entity to issue or deliver its own equity instruments, in particular shares, share options or
warrants;
27) financial liabilities, it means an obligation of an entity to deliver financial assets or to exchange financial instruments with
another entity under unfavourable conditions;
28) contingent liabilities, it means an obligation to provide goods or services whose origination depends on the occurance of
specified events;
29) net assets, it means the assets of an entity net of its liabilities, equal in their amount to the entity's equity;
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in the case of prepaid, accrued and deferred items - are settled over a period not longer than 12 months from the balance sheet
assets and liabilities in respect of programmes which give the entity's employees and other persons related to it the share in its
30) income and profits, it means probable economic benefits of a reliably estimated value, which may arise during a reporting
period in the form of increases in the value of assets or decreases in the value of liabilities, that will result in an increase of the equity
or a decrease of the equity deficit in a manner other than through contributions made by shareholders or owners;
31) costs and losses, it means probable decreases of economic benefits of a reliably estimated value, which may arise during a
reporting period, in the form of decreases in the value of assets or increases in the value of liabilities and provisions, that will result in
a decrease of the equity or an increase of the equity deficit in a manner other than through a withdrawal of funds by shareholders or
owners;
32) other operating costs and income, it means costs and income which are indirectly related to operating activities of an entity, in
particular costs and income relating to:
a) social activities;
b)
(
8)
the disposal of items of property, plant and equipment, items of property, plant and equipment under construction,
intangible assets, as well as the maintenance and disposal of real property and intangible assets classified as investments;
c) writing off of expired, forgiven, and uncollectable receivables and payables, except for the state or local authority receivables
and payables not charged to costs;
d) recognising provisions or the reversal of provisions, except for the provisions related to financial transactions;
e) write-downs of assets and their adjustments, except for the write-downs that increase the costs of manufacture of finished
goods sold or goods for resale sold, selling costs or financial costs;
f) compensations, penalties and fines;
g) a free-of-charge transfer or receipt (including a donation) of assets, including also cash for purposes other than the acquisition
or manufacture of items of property, plant and equipment, items of property, plant and equipment under construction or intangible
assets;
33) extraordinary losses and gains, it means losses and gains arising from events which are difficult to predict, outside the entity's
operating activities and not related to its general operating risk;
34) exercising control over another entity, it means the entity's ability to govern the financial and operating policies of another
entity in order to obtain economic benefits from its activities;
35) exercising joint control over another entity, it means the entity's ability to govern, jointly and equally with other shareholders
or partners, the financial and operating policies of another entity in order to obtain joint economic benefits from its activities;
36) significant influence on another entity, it means the entity's ability, other than control or joint control, to influence the
financial and operating policies of another entity, including the profit appropriation or loss offset of another entity;
37) a parent company, it means a commercial company (a partnership or company), that exercises control or joint control over
another entity, and which, in particular:
a) holds directly or indirectly through shares, the majority of the total number of votes in the decision-making body of another
entity (subsidiary), also on the basis of agreements with other entities or persons entitled to vote and exercising their rights in
accordance with the will of the parent company, or
b) is entitled to govern the financial and operating policies of another entity (subsidiary) in a direct way or through persons or
entities appointed on the basis of an agreement concluded with other entities or persons entitled to vote who have, on the basis of the
articles of association or partnership or company deed, together with the parent company, the majority of the total number of votes in
the decision-making body of another entity, or
c) is entitled, as a shareholder, to appoint or dismiss the majority of members of the management or supervisory bodies of
another entity (subsidiary), or
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