Section 320, The Companies Act, 2009

(1) Every annual return made under this Part shall– (a) be contained in a separate part of the register; and. (b) be completed within 28 days after the first or only general meeting in the year, and the company shall forward to the Commission a copy signed by a director or secretary of the (2) Section 73 shall apply with such modifications as may be necessary to the inspection of the annual returns. (3) Except where the company is a private company, the annual returns shall include– (a) a copy certified by a director or secretary to be a balance sheet audited by the company’s auditors, including every document required by law to be annexed to it; and (b) a copy of the report of the auditors on the balance sheet and if such balance sheet is in a language other than English, there shall also be annexed to it a translation in the English language, certified in the prescribed manner to be a correct translation. (4) If the last balance sheet did not comply with the requirements of the law as in force at the date of the audit with respect 244 245 Annual returns of company not having share capital. General provisions on annual returns. Annual returns of small to the form of balance sheets there shall be made such additions to and corrections in the copy as would have been required to be made in the balance sheet in order to make it comply with the requirements, and the fact that the copy has been so amended shall be stated in the copy. (5) If a company fails to comply with this section or either 318. or 319 the company and every officer of the company who is in default shall be liable to a daily default fine of Le500,000. (6) For the purposes of this Part, the expressions “officer” and “director”, shall include any person in accordance with whose directions or instructions the directors of the company are accustomed to act.