The Companies Act requires all companies to maintain their company records. A company must at all times have a copy of its Memorandum of Incorporation (MOI) and any amendments or alterations to it, as well as any rules that apply to the company in terms of its MOI. The company is also required to keep a register of its shares and its company secretary and auditor, to the extent that the company is required to make such appointments. In addition, the company is required to keep the following records for a period of seven (7) years:

  • A record of its directors, including the following detailed information about each director:-
    • the full name and any former names;
    • the identity number or date of birth;
    • the nationality and passport;
    • the occupation;
    • the date of their most recent election or appointment;
    • the name and registration number of any other company or foreign company that the director is a director of;
    • the address for service for that director; and
    • any professional qualification and experience of the director in the case of a company that is required to have an audit committee.
  • Copies of:-
    • all reports presented at an annual general meeting;
    • annual financial statements required by the Act;
    • any accounting records required by the Act;
  • Notices and minutes of all shareholder meetings, including resolutions taken at those meetings, as well as the documents made available to the shareholders in relation to those resolutions;
  • Copies of any written communication sent by the company to shareholders; and
  • Minutes of meetings and resolutions of directors, directors committee, or audit committees.

Any person who holds shares or a beneficial interest in the company is entitled to view and obtain copies of such documents. Any other person may inspect such records at a cost.