136. Right of member to copies of audited financial statement
(1) Without prejudice to the provisions of section 101, a copy of the financial
statements, including consolidated financial statements, if any, auditor’s report and every
other document required by law to be annexed or attached to the financial statements,
which are to be laid before a company in its general meeting, shall be sent to every member
of the company, to every trustee for the debenture-holder of any debentures issued by the
company, and to all persons other than such member or trustee, being the person so
entitled, not less than twenty-one days before the date of the meeting:
Provided that in the case of a listed company, the provisions of this sub-section shall
be deemed to be complied with, if the copies of the documents are made available for inspection
at its registered office during working hours for a period of twenty-one days before the date
of the meeting and a statement containing the salient features of such documents in the
prescribed form or copies of the documents, as the company may deem fit, is sent to every
member of the company and to every trustee for the holders of any debentures issued by the
company not less than twenty-one days before the date of the meeting unless the shareholders
ask for full financial statements:
Provided further that the Central Government may prescribe the manner of circulation of
financial statements of companies having such net worth and turnover as may be prescribed:
Provided also that a listed company shall also place its financial statements including
consolidated financial statements, if any, and all other documents required to be attached
thereto, on its website, which is maintained by or on behalf of the company:
Provided also that every company having a subsidiary or subsidiaries shall,—
(a) place separate audited accounts in respect of each of its subsidiary on its
website, if any;
(b) provide a copy of separate audited financial statements in respect of each of
its subsidiary, to any shareholder of the company who asks for it.
(2) A company shall allow every member or trustee of the holder of any debentures
issued by the company to inspect the documents stated under sub-section (1) at its registered
office during business hours.
(3) If any default is made in complying with the provisions of this section, the company
shall be liable to a penalty of twenty-five thousand rupees and every officer of the company
who is in default shall be liable to a penalty of five thousand rupees.