AUDITORS (ss. 195 - 209)

1. may not be appointed or act as auditor of a related company

1. may not be appointed or act as auditor of a related company

Annotations:

• the ordinary course of business covers the usual transactions, customs and practices of a certain business and of a certain firm.

1. Where the Board of a company fails to comply- every director shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200,000 rupees.
2. Where the Board fails to comply with section 193, 207, 212(1), 218(1), 219(1) or 220, every director of the company shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200,000 rupees.

1. A director or employee who fails to comply - shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200,000 rupees.
   1. defence to an employee charged with an offence
      1. he did not have the information required in his possession or under his control;
      2. by reason of the position occupied by him or the duties assigned to him, he was unable to give the explanations required

1. the constitution of the company
2. minutes of the meetings and resolutions of shareholders within the last 7 years
3. its interests register
4. minutes of all meetings and resolutions of directors and directors' committees within the last 7 years
5. certificates given by directors within the last 7 years
6. the full names and addresses of the current directors
7. copies of all written communications to all shareholders or all holders of the same class of shares during the last 7 years, including annual reports
8. copies of all financial statements and group financial statements required for the last 7 completed accounting periods of the company
9. the accounting records for the Current accounting period and for the last 7 completed accounting periods of the company
10. the share register
11. the copies of instruments creating or evidencing charges
12. such lesser number of years or accounting periods, as the case may be, as the Registrar may approve by notice in writing to the company.
13. The documents may be kept at any other place in Mauritius, notice of which shall be given to the Registrar
    1. Where the company changes the place at which its records are kept, it shall, within 14 days of the change, notify the Registrar in writing of the place at which the records are kept.

1. English or French language
2. in written form
3. in a form or in a manner that allows the documents and information that comprise the records to be easily accessible and convertible into written form.
4. adequate measures
   1. prevent the records being falsified
   2. detect any falsification of them

1. every director of a company shall be entitled, on giving reasonable notice, to inspect the records of the company
   1. in written form
   2. without charge
   3. at a reasonable time specified by the director
   4. The Court may, on application by the company direct that the records need not be made available for inspection or restrict the inspection of them in any manner it thinks fit.
      1. it would not be in the company's interests for a director to inspect the records
      2. the proposed inspection is for a purpose that is not properly connected with the director's duties

1. correctly record and explain the transactions of the company
2. shall at any time enable the financial position of the company to be determined with reasonable accuracy
3. shall enable the directors to prepare financial statements
4. shall enable the financial statements of the company to be readily and properly audited.

1. entries of money received and spent each day and the matters to which it relates
2. a record of the assets and liabilities of the company
3. dealing in goods
   1. a record of goods bought and sold, except goods sold for cash in the ordinary course of carrying on a retail business, that identifies both the goods and buyers and sellers and relevant invoices;
   2. a record of stock held at the end of its accounting period together with records of any stock takings during that period
4. the company's business involves providing services, a record of services provided and relevant invoices.

1. in Mauritius, except where the directors determine that the accounting records may be kept outside Mauritius
   1. Not kept in mauritius
      1. disclose with reasonable accuracy the financial position of the company at intervals not exceeding 6 months
      2. are sent to, and kept at, a place in Mauritius
         1. notice of the place the accounts and returns are kept, shall be given to the Registrar.

1. The Board of every company
2. within 6 months after the balance sheet date of the company
   1. The Registrar may extend the period of 6 months
3. completed financial statements that comply with s. 211
   1. s. 211 - Contents and form of financial statements
      1. the financial statements of a company shall present fairly the financial position, financial performance and where stated the cash flow of the company
         1. the financial statements do not present fairly the matters to which they relate, the director shall add such information and explanations as are necessary to present fairly those matters.
      2. in the case of public companies and private companies
         1. be prepared in accordance with and comply with the International Accounting Standards
         2. comply with any requirement which applies to the company's financial statements under any other enactment
         3. a small private company
            1. Financial Reporting Act 2004 which prescribe the form and content of financial statements
         4. a private company, other than a small private company, or public company, which does not qualify as a public interest entity as defined in the Financial Reporting Act may prepare its financial statements in accordance with the International Financial Reporting Standards for SMEs, issued by the International Accounting Standards Board.
      3. s. 214 - group financial statements
4. dated and signed on behalf of the Board by 2 directors of the company, or, where the company has only one director, by that director

1. The Board of a company that has, on the balance sheet date of the company, one or more subsidiaries, shall, within 6 months after the balance sheet date, it complies with IFRS in relation to the presentation of group financial statements.

1. The Registrar may approve the presentation by a company of its financial statements in a foreign currency
   1. the company's principal operational activity during the accounting year in question has been undertaken in that foreign currency
   2. a more faithful view of the company's affairs than by presentation in Mauritius currency.
   3. in a note to the balance sheet a statement of the average exchange rate on balance sheet date as provided by the Bank of Mauritius.
   4. shall not revert to presentation of its financial statements in Mauritius currency, or any other foreign currency without first obtaining the further approval of the Registrar and where such approval is given, the company shall state in a note to the accounts the reason for the change in the currency in which the financial statements are presented.