(1) Subject to this section, a company that is not under section 154(1) required to send to the Registrar a copy of the documents referred to in section 149, shall within the period specified in the said subsection send to the Registrar—
(a) a certificate of solvency signed by at least one director on behalf of the board and by the auditor, if any, containing the statements and opinions required by subsection (2) made with reference to the company's assets and liabilities at the date on which the financial statements of the company laid before the annual general meeting or, as the case may be, of the signing of a resolution under section 130(1)(b) in lieu of the annual meeting; and
(b) a certificate signed by at least one director on behalf of the board and by the auditor, if any, that the certificate referred to in paragraph (a) agrees with the balance sheet and profit and loss account which form part of the financial statements.
(2) A certificate of solvency shall state—
(a) the amounts shown in the company's balance sheet as the total values respectively of the company's fixed assets, current assets investments and other assets;
(b) the amount shown in the company's balance sheet as the total amount of the company's debt and liabilities, accrued due at, or accruing due within one year after, the date as at which the balance sheet is made out and the amount so shown as the total amount of the company's other debts and liabilities; and
(c) whether, in the opinion of the auditor, or if there is no auditor, of each director, the company was at the date at which the balance sheet was made out able or unable to pay its debts and liabilities as they fell due.
(3) If the auditor of a company refuses to give or sign either of the certificates mentioned in subsection (2), a note of his or her refusal shall be endorsed on the certificate.
(4) A director or auditor of a company who signs or sends to the Registrar or concurs in the sending to the Registrar of a certificate required by this section which contains a statement that is false, misleading or deceptive or an opinion that he or she has no reasonable ground to believe to be accurate, commits an offence.
(5) It is a sufficient defence if the person charged with an offence under this section proves that up to the time of the sending to the Registrar of the certificate he or she believed on reasonable grounds that this section had been complied with.
(6) A company that is not required to comply with section 154 by virtue of section 154(5), is not required to comply with this section.