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Companies Act, 1973 (Act No. 61 of 1973)

Chapter XI: Accounting and Disclosure

Right of Members and Others to Copies of Annual Financial Statements and Interim Reports

309. Right of members and others to copies of annual financial statements and interim reports

 

 

1) Any member or holder of debentures of a company shall be entitled to be furnished on demand without charge with a copy of the last annual financial statements (including group annual financial statements) and provisional annual financial statements and of the last interim report of the company.

 

2) A judgment creditor of a private company shall, where it appears from the return of the person whose duty it is to execute the judgment in question that he has not found sufficient disposable property to satisfy that judgment, be entitled to be furnished on demand without charge with a copy of the last annual financial statement of the company.

 

3)
a) Any company which fails to comply with a demand under this section within seven days after the making thereof, and any director of the company who knowingly is a party to the default, shall be guilty of an offence.
b) It shall be a defence to a charge under paragraph (a) to prove that the person concerned had previously demanded a copy of the document to which the charge relates and that such copy had been supplied.