Companies Act (Cap. 386)

Companies Act (Cap. 386), article 180

Official PDF on legislation.mt

180. (1) In the case of every company, a copy of the annual accounts of a company for the accounting period shall, not less than fourteen days before the date of the meeting at which they are to be laid in accordance with the provi sions of article 181, be sent to each of the following persons: (a) every member of the company; (b) every holder of the company’s debentures; and (c) all other persons who are entitled to receive notice of general meetings. (2) Notwithstanding the provisions of sub-article (1), copies of the annual accounts shall, unless otherwise provided in the memorandum or articles, not be required to be sent to: (a) a debenture holder who is not entitled to receive notices of general meetings; and (b) members of a company who have been duly given notice of a general meeting of the company at which the company’s annual accounts shall be laid in accordance with article 181, and where the company has made available to its members an electronic copy of such annual accounts, either on its website or otherwise, and has informed its members accordingly: Provided that the company shall provide a printed copy of such annual accounts to any m ember upon written request. 124 CAP. 386.] COMP ANIES (3) If copies of the annual accounts are sent less than fourteen days before the date of the meeting, they shall, notwithstandin g that fact, be deemed to have been duly sent if it is so agreed by al l the members entitled to attend the m eeting who received them late. (4) If default is made in complying with sub-article (1), the company and every officer who is in default shall be liable to a penalty. (5) Any member of the company and any holder of the company’s debentures, whether or not such holder is entitled to have sent to him copies of the company’s annual accounts, shall be entitled to be furnished, on demand and without charge, with a copy of the last annual accounts laid before the company in gen eral meeting. (6) If, when a person makes a demand for a document with which he is entitled by this article to be furnished, every off icer of the company who defaults in complying with the demand within seven days after its making, shall be liable to a penalty, and, for every day during which the default continues, to a further pena lty. (7) For the purposes of this article, reference to the term "annual accounts" shall include t he directors’ report as specif ied in article 177 and the auditors’ re port as specified in article 17 9. Directors to lay accounts before the general meeting.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.