Section 206: Access to information
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
206. Access to information
(1) The Board of a company shall ensure that an auditor of the company
has access at all times to the accounting records and other documents of the
company.
(2) An auditor of a company is entitled to receive from a director or
employee of the company such information and explanations as he thinks
necessary for the performance of his duties as auditor.
(3) Where the Board of a company fails to comply with subsection (1),
every director shall commit an offence and shall, on conviction, be liable to a
fine not exceeding 200,000 rupees.
(4) A director or employee who fails to comply with subsection (2) shall
commit an offence and shall, on conviction, be liable to a fine not exceeding 200,000 rupees.
(5) It shall be a defence to an employee charged with an offence under
subsection (4) where the employee proves that—
(a) he did not have the information required in his possession or under
his control; or
(b) by reason of the position occupied by him or the duties assigned
to him, he was unable to give the explanations required,
as the case may be.
[S. 206 amended by s. 4 (d) of Act 20 of 2002 w.e.f. 10 August 2002.]
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Questions this section answers
- Must directors give the auditor access to accounting records at all times?
- What fine applies if a director refuses the auditor information they need?