New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The board of a company must send to every shareholder of the company, not less than 20 working days before the date fixed for holding the annual meeting of shareholders,—
(a) a copy of the annual report; or
(b) a notice containing the statements specified in subsection (3).
(2) Subsection (1) is subject to section 212.
(3) The notice referred to in subsection (1)(b) must contain—
(a) a statement to the effect that the shareholder has a right to receive from the company, free of charge, a copy of the annual report if the shareholder, within 15 working days of receiving the notice, makes a request to the company to receive a copy of the annual report; and
(b) a statement to the effect that the shareholder may obtain a copy of the annual report by electronic means; and
(c) a statement as to how the shareholder may obtain a copy of the annual report by electronic means (for example, from a specified website address); and
(d) a statement as to whether the board of the company has prepared, in relation to the same accounting period as the annual report, a concise annual report and, if so, a statement—
(i) to the effect that the shareholder has a right to receive from the company, free of charge, a copy of the concise annual report if the shareholder, within 15 working days of receiving the notice, makes a request to the company to receive a copy of the concise annual report; and
(ii) to the effect that the shareholder may obtain a copy of the concise annual report by electronic means; and
(iii) as to how the shareholder may obtain a copy of the concise annual report by electronic means (for example, from a specified website address).
(4) The notice referred to in subsection (1)(b) may be accompanied by any additional information or documentation that the board of the company thinks fit.
(5) For the purposes of this section and sections 209A and 209B, every concise annual report for a company must, in relation to an accounting period, include,—
(a) in relation to a company that has, on the balance date of the company, no subsidiaries,—
(i) financial statements for the accounting period and any auditor's report on those financial statements required under Part 11; or
(ii) summary financial statements for the accounting period:
(b) in relation to a company that has, on the balance date of the company, 1 or more subsidiaries,—
(i) group financial statements for the accounting period and any auditor's report on those group financial statements required under Part 11; or
(ii) summary financial statements for the accounting period prepared in relation to the group comprising the company and its subsidiaries.
(6) For the purposes of subsection (5),—
(a) financial statements must be completed and signed in accordance with section 10 of the Financial Reporting Act 1993:
(b) group financial statements must be completed and signed in accordance with section 13 of the Financial Reporting Act 1993:
(c) summary financial statements must give a true and fair view of the matters to which they relate and comply with generally accepted accounting practice (as defined in section 3 of the Financial Reporting Act 1993).
(7) If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2).
Subsection (1) was amended, as from 15 April 2004, by section 12(1) Companies Amendment Act (No 2) 2004 (2004 No 24) by substituting “Subject to section 212”
for “Subject to subsection (2) of this section”
.
Subsection (2) was repealed, as from 15 April 2004, by section 12(2) Companies Amendment Act (No 2) 2004 (2004 No 24).
Section 209 was substituted, as from 18 June 2007, by section 7 Companies Amendment Act (No 2) 2006 (2006 No 62). See clause 2(1) Companies Amendment Act (No 2) 2006 Commencement Order 2007 (SR 2007/108).