Part 4 - Administrative arrangements
40. Means of communication to be used
(1) Subject to the articles anything sent or supplied by or to the company
under the articles may be sent or supplied in any way in which the
Companies Act 2006 provides for documents or information which are
authorised or required by any provision of that Act to be sent or
supplied by or to the company.
(2) At the discretion of the comm
ittee and subject to the articles any
notice or document to be sent or supplied to a committee member in
connection with the taking of decisions by the committee may also
be sent or supplied by the means by which that committee member
has asked to be sent or supplied with such notices or documents for
the time being.
(3) A committee member may agree with the company that notices or
documents sent to him in a particular way are to be deemed to have
been received within a specified time of their being sent, and for the
specified time to be less than 48 hours.
(4) Any notice served by post shall be deemed to have been served on
the day following that on which the notice is posted regardless of the
member’s address.
41. Account records
(1) At every annual general meeting the committee shall report the
income and expenditure of the company since the previous such
report and a balance sheet of the company at the end of the reported
period of income and expenditure giving a true and fair view of the
state of the company’s affairs. Unless the members have demanded
that the account records be subject to an audit in accordance with
section 476 of the Companies Act 2006 such report of income and
expenditure and balance sheet shall be subject to examination by the
independent financial examiner. The independent financial examiner
may appoint up to two members to assist him and he shall make
such enquiries and examine such records, items and documents as
he considers necessary and report thereon to the members at the
annual general meeting.
Such report may be made by means of a statement on the company’s
balance sheet.
(2) The committee shall keep proper books of account with respect to-
(a) all monies received and expended by the company and the
matters in respect of which they have taken place;
(b) all sales and purchases of goods by the company, and
(c) the assets and liabilities of the company.
(3) The books of account shall be kept at the registered office of the
company or subject to the Companies Act 2006 at such other place or
places as the committee shall decide.
(4) The books of account shall always be open to the inspection of any
committee member.
(5) Except as provided by law or authorised in writing by the committee
or an ordinary resolution of the company, no person is entitled to
inspect any of the company's accounting or other records or
documents merely by virtue of being a member.