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Law library · Sierra Leone · The Companies Act, 2009

Section 295, The Companies Act, 2009

In forceThe Companies Act, 2009, Sierra Leone

(1) In the case of every company, a copy of thecompany’s financial statements for the year shall, not less than 21 days before the date of the meeting at which they are to be laid in accordance with section 296 shall be sent to each of the following persons:– (a) every member of the company (whether or not entitled to receive notice of general meetings; (b) every holder of the company’s debentures, (whether or not so entitled); and (c) all persons other than members and debenture holders, being persons so entitled. (2) In the case of a company not having a share capital, subsection (1) shall not require a copy of the financial statements to be sent to a member of the company who is not entitled to receive notices of general meetings of the company, or to a holder of the company’s debenture who is not so entitled. (3) Subsection (1) shall not require copies of the financial statements to be sent to– (a) a member of the company or a debenture holder, being in either case a person who is not entitled to receive notices of general meetings, and of whose address the company is unaware; (b) more than one of the joint holders of any shares or debentures none of whom are entitled to receive such notices; or (c) those who are not so entitled in the case of joint holders of shares or debentures some of whom are not entitled to receive such notices. (4) If copies of the financial statements are sent less than 21 days before the date of the meeting, it shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by all the members entitled to attend and vote at the meeting. (5) If default is made in complying with subsection (1), the company and every officer of it who is in default shall be guilty of an offence and be liable to a fine not exceeding Le3,000,000.00.

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