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).

  Section 209A: inserted, on 18 June 2007, by section 7 of the Companies Amendment Act (No 2) 2006 (2006 No 62).