C9C8C11C7C13C12C10C6Part 16Audit

Annotations:
Modifications etc. (not altering text)
C9

Pt. 16 applied (with modifications) (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), regs. 1(2), 162, 163 (with reg. 189)

C7

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C7Chapter 2Appointment of auditors

Private companies

C4C3I1C5C14487C2C1Term of office of auditors of private company

1

An auditor or auditors of a private company hold office in accordance with the terms of their appointment, subject to the requirements that—

a

they do not take office until any previous auditor or auditors cease to hold office, and

b

they cease to hold office at the end of the next period for appointing auditors unless re-appointed.

F11A

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F11B

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F11C

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F11D

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F11E

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2

Where no auditor has been appointed by the end of the next period for appointing auditors, any auditor in office immediately before that time is deemed to be re-appointed at that time, unless—

a

he was appointed by the directors, or

b

the company's articles require actual re-appointment, or

c

the deemed re-appointment is prevented by the members under section 488, or

d

the members have resolved that he should not be re-appointed, or

e

the directors have resolved that no auditor or auditors should be appointed for the financial year in question or

F2f

the auditor’s appointment would be in breach of section 485C.

3

This is without prejudice to the provisions of this Part as to removal and resignation of auditors.

4

No account shall be taken of any loss of the opportunity of deemed re-appointment under this section in ascertaining the amount of any compensation or damages payable to an auditor on his ceasing to hold office for any reason.