The Companies Act 2008 provides for individuals’ right of access to the records of a company, within limits:

S26(1) a person who holds or has a beneficial interest in any securities issued by a profit company, or who is a member of a NPC, has a right to inspect and copy, without charge, the information contained in any of its records mentioned in S24(3) and (4) other than its accounting records, the minutes and resolutions of its directors, directors committees and audit committee and, if applicable, the records of its company secretary and auditor.

S26(2) any member of the public has a right to inspect or copy the securities register of a profit company, or the members register of a NPC that has members, or the register of directors of a company.
The 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, 2000 (“PAIA”).

S26(4) a person may exercise the aforesaid rights:

  • 1. for a reasonable period during business hours;
  • 2. by direct request to the company, either in person or through an attorney or other personal representative designated in writing. Such person must deliver to the company a completed Form CoR 24 per Regulation 24(3) and any further documents required in terms of PAIA;
  • 3. Where a company receives such a request, it must accede to the request within 14 business days per Regulation 24(4); or
  • 4. in accordance with PAIA.