COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 152 Right to receive copies of balance sheets and auditors' and directors' reports.

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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 152

Right to receive copies of balance sheets and auditors' and directors' reports.

152.(1) Subject to sub-sections (4) to (6) ..., a copy of every balance sheet,
including every document required by law to be annexed thereto [of which a
copy] is to be laid before a company in general meeting, together with a copy
of the auditors' report [and of the directors' report] shall, not less than
twenty-one days before the date of the meeting, be sent to every member of
the company (whether he is or is not entitled to receive notices of general
meetings of the company), every holder of debentures of the company (whether
he is or is not so entitled) and all persons other than members or holders of
debentures of the company, being persons so entitled.

Subs.(2) rep. by 1978 NI 12 art.153(2) sch.7

(3) Any member of a company, whether he is or is not entitled to have sent to
him copies of the company's balance sheets, and any holder of debentures of
the company, whether he is or is not so entitled, shall be entitled to be
furnished on demand without charge with a copy of the last balance sheet of
the company, including every document required by law to be annexed thereto,
together with a copy of the auditors' report on that balance sheet [and of the
directors' report].

(4) In the case of a company not having a share capital, [sub-section (1)]
shall not require a copy of the documents referred to in [that sub-section] to
be sent to a member of the company who is not entitled to receive notices of
general meetings of the company or to a holder of debentures of the company
who is not so entitled.

(5) [Sub-section (1)] shall not require a copy of the documents referred to in
[that sub-section] to be sent

(a)to a member of the company or a holder of debentures of the company, being
in either case a person who is not entitled to receive notices of general
meetings of the company and of whose address the company is unaware; or

(b)to more than one of the joint holders of any shares or debentures none of
whom are entitled to receive such notices; or

(c)in the case of joint holders of any shares or debentures some of whom are
and some of whom are not entitled to receive such notices, to those who are
not so entitled.

(6) If the copies of the documents referred to in sub-section (1) are sent
less than twenty-one days before the date of the meeting, they shall,
notwithstanding that fact, be deemed to have been duly sent if it is so agreed
by all the members entitled to attend and vote at the meeting.

(7) If default is made in complying with sub-section (1) ..., the company and
every officer of the company who is in default shall be liable to a fine not
exceeding twenty pounds, and if, when any person makes a demand for any
document with which he is by virtue of sub-section (3) entitled to be
furnished, default is made in complying with the demand within seven days
after the making thereof, the company and every officer of the company who is
in default shall be liable to a default fine, unless it is proved that that
person has already made a demand for and been furnished with a copy of the
document.

(8) In this section

(a)"holder of debentures" does not include a mortgagee; and

Para.(b) rep. by 1978 NI 12 art.153(2) sch.7

[(9) This section shall not have effect in relation to the balance sheet of a
private company, including every document required by law to be annexed
thereto, laid before the company in general meeting before the coming into
operation of Article 34 of the Companies (Northern Ireland) Order 1978, or to
the auditors' report or directors' report attached thereto, and the right of
any person to be furnished with copies of those documents, and the liability
of the company and any officer thereof in respect of a failure to satisfy that
right shall be the same as they would have been if the said Article had not
come into operation.][

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Northern Irish Legislation

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 152