30.07.2015 Views

GUIDE TO THE MEMORANDUM OF INCORPORATION

GUIDE TO THE MEMORANDUM OF INCORPORATION

GUIDE TO THE MEMORANDUM OF INCORPORATION

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Table C●●●●●●ACCESS <strong>TO</strong> INFORMATIONSection 26 of the Act states that a person who holds or has abeneficial interest in any securities issued by a profit company orwho is a member of a non-profit company has a right to inspect andcopy without any charge for any such inspection or upon payment ofno more than the prescribed maximum charge for any such copy, theinformation contained in the records of the company, as are specificallylisted in Section 24(3) and (4) of the Act;Any other person has a right to inspect or copy the securities register ofa profit company, or the members register of a non-profit company thathas members, or the register of directors upon payment of an amountnot exceeding the prescribed maximum fee for any such inspection;Any such right of access may be exercised only in accordance with ThePromotion of Access to Information Act 2000;Regulation 23 sets out in detail the information to be kept concerningdirectors such as addresses for service, and in the case of a company thatis required to have an audit committee any professional qualifications andexperience of the director, to the extent necessary to enable the companyto comply with Section 94(5) and Regulation 42;This information is over and above that information required by Section24(5), which states that a company’s record of directors must includein respect of each director, that persons full name, former names,identity number or date of birth, (if not a SA, then passport number andnationality), occupation, date of most recent election as director, nameand registration number of every other company or foreign company ofwhich the person is a director and any other prescribed information;Regulation 24:Where a company receives a request for access, it must within 14 businessdays comply with the request. It is an offence for a company to fail toaccommodate any reasonable request or otherwise interfere with, impede,frustrate such a person’s right (also in re access to financial statements –Section 31).42

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