Section 215: Registration of financial statements

215. Registration of financial statements (1) Subject to subsection (4), every company, other than a small private company, shall ensure that, within 28 days after the financial statements of the company and any group financial statements are required to be signed, copies of those statements together with a copy of the auditor’s report on those statements are filed with the Registrar for registration. [Issue 4] C35 – 132 Revised Laws of Mauritius (1A) The financial statements referred to in subsection (1) shall be in such form as the Registrar may, in accordance with Practice Directions issued under section 12 (8), determine. (2) The copies filed with the Registrar under this section shall be certified to be correct copies by 2 directors of the company, or, where the company has only one director, by that director. (3) Subject to subsections (3A) and (3B), a small private company shall file with the Registrar for registration with the annual return required to be registered under section 223, a financial summary containing the information set out in the Ninth Schedule or the financial statements in accordance with section 211. (3A) An enterprise, not having net assets or having net assets not exceeding 50 million rupees or such other amount as may be prescribed, and which has an annual turnover not exceeding 20 million rupees, incorporated as a company under this Act and registered under the Small and Medium Enterprises Act on or after 2 June 2015— (a) shall be exempt from filing with the Registrar for registration its financial summary for a period of 8 years from the date of its incorporation; (b) after the expiry of the period referred to in paragraph (a), may file with the Registrar for registration a financial summary prepared on a cash basis showing a profit and loss statement only. (3B) A small private company which has an annual turnover not exceeding 20 million rupees may file with the Registrar for registration a financial summary prepared on a cash basis showing a profit and loss statement only. (4) A company holding a Global Business Licence shall file its financial statements and auditors’ report with the Commission. (5) Where the audited financial statements are filed with the Commission under subsection (4), the Commission shall give notice to that effect to the Registrar. (6) Every company required to file with the Registrar financial statements and the auditor’s report under section (1) shall, at the same time, file a copy of the annual report required to be sent to shareholders. [S. 215 amended by s. 7 (g) of Act 14 of 2009 w.e.f. 30 July 2009; s. 10 (g) of Act 9 of 2015 w.e.f. 14 May 2015; s. 4 (e) of Act 4 of 2017 w.e.f. 20 May 2017; s. 13 (l) of Act 11 of 2018 w.e.f. 1 October 2018.]