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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 2 : Formation, Administration and Dissolution of Companies

Part C : Transparency, accountability and integrity of companies

31. Access to financial statements or related information

 

 

1) In addition to the rights set out in section 26, a person who holds or has a beneficial interest in any securities issued by a company, is entitled—
a) without demand to receive a notice of the publication of any annual financial statements of the company required by this Act, setting out the steps required to obtain a copy of those statements; and
b) on demand to receive without charge one copy of any annual financial statements of the company required by this Act.

 

2) If a judgment creditor of a company has been informed, by a person whose duty it is to execute the judgment, that there appears to be insufficient disposable property to satisfy that judgment, the judgement creditor is entitled within five business days after making a demand, to receive without charge, one copy of the most recent annual financial statements of the company.

 

3) Trade unions must, through the Commission and under conditions as determined by the Commission, be given access to company financial statements for purposes of initiating a business rescue process.

 

4) It is an offence for a company to-
a) fail to accommodate any reasonable request for access, or to unreasonably refuse access, to any record that a person has a right to inspect or copy in terms of this section; or
b) otherwise impede, interfere with, or attempt to frustrate the reasonable exercise by any person of the rights set out in this section.