78 Documents to be kept at office of registered agent
(1) A company shall keep the following documents at the office of its registered agent-
(a) copies of the memorandum and articles of the company signed by each of the subscribers;
(b) the register of members maintained under section 62 or a copy of the register of members;
(c) the register of directors maintained under section 101 or a copy of the register of directors;
(d) the register of charges maintained under section 137(1) or a copy of such register of charges;
(e) copies of all notices and other documents filed by the company pursuant to this Act in the previous 6 years;
(f) either-
(i) originals; or
(ii) copies provided in accordance with section 80(4B),
of the accounting records that it is required to keep under this Act; and
[Para (f) substituted by Companies (Amendment) Act 2009 s 27.]
(g) originals of any financial statements prepared.
[Para (g) added by Companies (Amendment) Act 2009 s 27.]
(2) A company that contravenes subsection (1) commits an offence.
(3) To the extent that a company’s register of members and register of directors do not contain a record of the residential address of any member, former member, director or former director, its registered agent shall maintain a separate record of the residential addresses of such persons.
79 Other records to be maintained by company
(1) A company shall keep the following records at the office of its registered agent or at such other place or places, within or outside the Isle of Man, as the directors may determine-
(a) minutes of meetings and resolutions of members and of classes of members maintained in accordance with section 84; and
(b) minutes of meetings and resolutions of directors and committees of directors maintained in accordance with section 84.
(2) Where any records specified under section (1) are kept at a place other than at the office of the company’s registered agent, the company shall provide the registered agent with a written record of the physical address of the place or places at which the records are kept.
(3) Where the place at which any records specified under subsection (1) is changed, the company shall provide the registered agent with the physical address of the new location of the records within 14 days of the change of location.
(4) A company that contravenes this section commits an offence.
80 Companies to keep accounting records
(1) A company shall keep reliable accounting records which-
(a) correctly explain the transactions of the company; and
(b) enable the financial position of the company to be determined with reasonable accuracy at any time; and
(c) allow financial statements to be prepared.
(2) ……
[Subs (2) repealed by Companies (Amendment) Act 2009 s 28(1).]
(3) In this section ‘financial statements’ means written accounts of the company which have been approved by the directors as financial statements for the purposes of this Act and which include-
(a) a written statement recording the assets and liabilities of the company on a specific date;
(b) a written statement recording the receipts, payments and other financial transactions undertaken by the company in respect of the period ending on the date of the statement referred to in paragraph (a); and
(c) such notes as are necessary for a reasonable understanding of the statements referred to in paragraphs (a) and (b).
[Subs (3) substituted by Companies (Amendment) Act 2009 s 28(2).]
(4) Without prejudice to the requirements of any other enactment, the accounting records of a company shall be maintained by or on behalf of that company for not less than six years from the end of the financial period of the company to which they relate.
(4A) The accounting records shall be kept at the office of the registered agent of the company or at such other place as the directors of the company think fit.
[Subs (4A) inserted by Companies (Amendment) Act 2009 s 28(3).]
(4B) Where accounting records are kept at a place other than the office of the
company’s registered agent, the company shall provide to the registered agent-
(a) a written record of the physical address of the place or places at which the records are kept; and
(b) at intervals not exceeding 12 months, copies of the records.
[Subs (4B) inserted by Companies (Amendment) Act 2009 s 28(3).]
(4C) The copies provided under subsection (4B)(b) must themselves be sufficient so as to satisfy the requirements specified in subsection (1), without requiring sight of the original records.
[Subs (4C) inserted by Companies (Amendment) Act 2009 s 28(3).]
(4D)Where the place at which the accounting records are kept is changed, the company shall provide the registered agent with the physical address of the new location of the records within 14 days of the change of location.
[Subs (4D) inserted by Companies (Amendment) Act 2009 s 28(3).]
(4E) The registered agent of the company may-
(a) at any reasonable time specified by the registered agent inspect the accounting records of the company without charge and make copies of or take extracts from the records;
(b) require the company to provide originals or copies of the accounting records to the registered agent within 14 days.
[Subs (4E) inserted by Companies (Amendment) Act 2009 s 28(3).]
(4F) The company shall comply with a request under subsection (4E).
[Subs (4F) inserted by Companies (Amendment) Act 2009 s 28(3).]
(5) A company that contravenes this section commits an offence.