(1)A copy of every balance sheet (including the profit and loss account, the auditor's report and every other document required by law to be annexed or attached, as the case may be, to the balance sheet) which is to be laid before a company in general meeting shall, not less than twenty-one days before the date of the meeting, be sent [to every member of the company, to every trustee for the holders of any debentures issued by the company, whether such member or trustee is or is not entitled to have notices of general meetings of the company sent to him, and to all persons other than such members or trustees, being persons so entitled:] [ Inserted by Act 53 of 2000, Section 101 (w.e.f. 13.12.2000).]Provided that-(a)in the case of a company not having a share capital, this sub-section shall not require the sending of a copy of the documents aforesaid to a member, or holder of debentures, of the company who is not entitled to have notices of general meetings of the company sent to him;(b)this sub-section shall not require a copy of the documents aforesaid to be sent-(i)to a member, or holder of debentures, of the company, who is not entitled to have notices of general meetings of the company sent to him and of whose address the company is unaware;(ii)to more than one of the joint holders of any shares or debentures none of whom is entitled to have such notices sent to him; [*] [ The words " or" omitted by Act 31 of 1988, Section 31 (w.e.f. 17.4.1989).](iii)in the case of joint holders of any shares or debentures some of whom are and some of whom are not entitled to have such notices sent to them, to those who are not so entitled; [*] [ The words " and" omitted by Act 31 of 1988, Section 31 (w.e.f. 17.4.1989).](iv)[ in the case of a company whose shares are listed on a recognised stock exchange, if the copies of the documents aforesaid 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 aforesaid, 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;] [ Inserted by Act 31 of 1988, Section 31 (w.e.f. 17.4.1989).](c)if the copies of the documents aforesaid are sent less than twenty-one days before the date of the meeting, they shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by all the members entitled to vote at the meeting.
