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Section 206: Access to information

Companies Act · PART XIV: ACCOUNTING RECORDS AND AUDIT

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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