New Zealand Legislation: Acts

209A Board must send copy of annual report or concise annual report on request

• (1) If the board of a company has sent a notice to a shareholder under section 209(1)(b) and the shareholder, within 15 working days of receiving that notice, makes a request to the company to receive a copy of the annual report, the board of the company must, as soon as practicable, send to the shareholder, free of charge, a copy of that annual report.

  (2) If a shareholder makes a request under subsection (1),—

  • (a) the request must be treated as a request by the shareholder to send to the shareholder each year a copy of the annual report under section 209(1)(a); and

  • (b) the board of the company must send to the shareholder each year a copy of the annual report under section 209(1)(a) until the shareholder revokes the request by notice to the company.

  (3) Subsection (4) applies if—

  • (a) the board of a company has sent a notice to a shareholder under section 209(1)(b); and

  • (b) that notice states that the board has prepared a concise annual report; and

  • (c) the shareholder, within 15 working days of receiving that notice, makes a request to the company to receive a copy of the concise annual report.

  (4) The board of the company must send to the shareholder a copy of the concise annual report, free of charge, as soon as practicable after receiving the request.

  (5) 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).

  Sections 209A and 209B were inserted, 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).