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Section 26: Access to Information
Section 26 of the Act states that a person who holds or has a beneficial interest in any
securities issued by a profit company or who is a member of a non-profit company has
a right to inspect and copy without any charge for any such inspection or upon payment
of no more than the prescribed maximum charge for any such copy, the information
contained in the records of the company, as per Section 24(3)(a), (b), (c)(i) and (ii),
(d) and (e) and Section (24)(4)(a) above. The Amendment Act provides that in addition
to these records, the register of the disclosure of beneficial interest of the company, as
mentioned in Section 56(7)(a) is also be included.
Any other person has a right to inspect or copy the securities register of a profit
company, or the members register of a non-profit company that has members, or the
register of directors upon payment of an amount not exceeding the prescribed maximum
fee for any such inspection, and upon request to do so. The Amendment Act extends
this list so that any person has a right to inspect and copy the information contained in
the records referred to in subsections (1)(a), (b), (cA), (e) and (f) of Section 26, upon
payment of no more than the prescribed minimum charges for any such inspection
and copy – in other words – the reports to annual meetings, the records in respect of
company directors, annual financial statements (for seven years after the date on which
each such particular statements were issued) the securities register of a profit company
or the members register of a non-profit company that has members, and the register
of the disclosure of beneficial interest of the company as mentioned in Section 56(7)
(a). The Amendment Act further provides that the right relating to the inspection and
copying of reports to annual meetings and the notices and minutes of annual meetings
(and communications relating thereto) – shall not apply to a private company, non-profit
company or personal liability company – where the annual financial statements are
internally prepared in a company with a public interest score of less than 100, or where
annual financial statements are independently prepared in a company with a public
interest score of less than 350.
Any such right of access may be exercised only in accordance with The Promotion of
Access to Information Act (no.2 of 2000). In addition to the information rights set out
above, a company’s MOI may establish additional information rights of any person, with
respect to any information pertaining to the company, but no such right may negate or
diminish any mandatory protection of any record required by or in terms of Part 3 of the
Promotion of Access to Information Act.
In addition, with respect to each director, the company must keep a record of addresses
for service, and, in the case of a company that is required to have an audit committee,
any professional qualifications and experience of the director. If a company receives a
request (made in the prescribed manner) for access, it must within 10 business days

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