120.
| (1) Every company having a share capital shall once at least in every year make a return containing list of all persons who, on the fourteenth day from the date of the first or only ordinary general meeting in the year, are members of the company, and all persons who have ceased to be members since the date of the last return or, in the case of the first return, of the incorporation of the company: |
|
| (2) The list referred to in subsection (I) shall state the names, addresses, nationalities and principal occupations of all the past and present members therein mentioned, and the number of shares held by each of the existing members at the date of the return, specifying shares transferred since the date of the last return or, in the case of the first return, of the incorporation of the company by persons who are still members and have ceased to be members respectively and the dates of registration of the transfers, and, if the names contained in such list are not arranged in alphabetical order, shall have annexed to it an index sufficient to enable the name of any person in such list to be readily found : |
|
| (3) The return made under the provisions of subsection (1) shall also state the date of incorporation, and change of name (if any), of the company and the address of the registered office of the company and shall contain a summary distinguishing between shares issued for cash and shares issued as fully or partly paid up otherwise than in cash, and specifying the following particulars:
| | (a) the amount of the share capital of the company, and the number of the shares into which it is divided ; | | |
| | (b) the number of shares taken from the date of - cement of business of the company up to the date of the return ; | | |
| | (c) the amount called up on each share ; | | |
| | (d) the total amount of calls received ; | | |
| | (e) the total amount of calls unpaid ; | | |
| | (f) the total amount of the sums, if any, paid by way of commission in respect of any shares or debentures ; | | |
| | (g) particulars of the discount allowed on the issue of any shares issued at a discount, or of so much of that discount as has not been written off at the date on which the return is made ; | | |
| | (h) the total amount of the sums, if any, allowed by way of discount in respect of any debentures, since the date of the last return ; | | |
| | (i) the total number of shares forfeited ; | | |
| | (j) the total amount of shares for which share warrants are outstanding at the date of the return ; | | |
| | (k) the total amount of share warrants issued and surrendered respectively since the date of the last return; | | |
| | (l) the number of shares comprised in each share warrant; | | |
| | (m) all such particulars with respect to the persons who at the date of the return are the directors of the company as are by this Act required to be contained with respect 'to directors in the register of the directors of a company ; | | |
| | (n) the total amount of the indebtedness of the company in respect of all mortgages and charges which are required to be registered with the Registrar under this Act; | | |
| | (o) the name and address of the auditor, or the names and addresses of the auditors, of the company at the date of the return. | | |
|
|
| (4) The return made under the provisions of subsection (1) shall be in accordance with the form set out in the Sixth Schedule hereto or as near thereto as circumstances permit. |
|
| (5) Where a company fails to comply with the provisions of this section, the company and every officer of the company who is in default shall be guilty of an offence and shall be liable to a default fine. |
|
| (6) For the purposes of this section and of the. Sixth Schedule hereto, the expressions " director " and " officer " shall include any person in accordance with whose directions or instructions the directors of the company are accustomed to act. |
|
|
Sri Lanka Consolidated Acts