| (1) |
A corporation shall keep in one of the official languages of the Republic such accounting records as are necessary fairly to present the state of affairs and business of the corporation, and to explain the transactions and financial position of the business of the corporation, including— |
| (a) |
records showing its assets and liabilities, members' contributions, undrawn profits, revaluations of fixed assets and amounts of loans to and from members; |
| (b) |
a register of fixed assets showing in respect thereof the respective dates of any acquisition and the cost thereof, depreciation (if any), and where any assets have been revalued, the date of the revaluation and the revalued amount thereof, the respective dates of any disposals and the consideration received in respect thereof: Provided that in the case of a corporation which has been converted from a company in terms of section 27, the existing fixed asset register of the company shall be deemed to be such a register in respect of the corporation, and such particulars therein shall be deemed to apply in respect of it; |
| (c) |
records containing entries from day to day of all cash received and paid out, in sufficient detail to enable the nature of the transactions and, except in the case of cash sales, the names of the parties to the transactions to be identified: |
| (d) |
records of all goods purchased and sold on credit, and services received and rendered on credit, in sufficient detail to enable the nature of those goods or services and the parties to the transactions to be identified; |
| (e) |
statements of the annual stocktaking, and records to enable the value of stock at the end of the financial year to be determined; and |
| (f) |
vouchers supporting entries in the accounting records. |
| (2) |
The accounting records relating to— |
| (a) |
contributions by members; |
| (b) |
loans to and from members; and |
shall contain sufficient detail of individual transactions to enable the nature and purpose thereof to be clearly identified.
| (3) |
The accounting records referred to in subsection(1) shall be kept in such a manner as to provide adequate precautions against falsification and to facilitate the discovery of any falsification. |
| (4) |
The accounting records shall be kept at the place or places of business or at the registered office of the corporation and shall, wherever kept, be open at all reasonable times for inspection by any member. |
| (a) |
Any corporation which fails to comply with any provision of any of the preceding subsections of this section, and every member thereof who is a party to such failure or who fails to take all reasonable steps to secure compliance by the corporation with any such provision, shall be guilty of an offence. |
| (b) |
In any proceedings against any member of a corporation in respect of an offence consisting of a failure to take reasonable steps to secure compliance by a corporation with any provision referred to in paragraph (a), it shall be a defence if it is proved that the accused had reasonable grounds for believing and did believe that a competent and reliable person was charged with the duty of seeing that any such provision was complied with, and that such person was in a position to discharge that duty, and that the accused had no reason to believe that such person had in any way failed to discharge that duty. |
Stamp Duties Act, 1968 (Act 77 of 1968)
