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Companies Act 2006
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[F1511APublic interest companies: application to court to remove auditor from officeU.K.
This section has no associated Explanatory Notes
(1)This section applies only to a public interest company.
(2)The competent authority may apply to the court for an order removing an auditor of a company from office if the authority considers that there are proper grounds for removing the auditor from office.
(3)The members of a company may apply to the court for an order removing an auditor of the company from office if the applicant or applicants consider that there are proper grounds for removing the auditor from office.
(4)If the court is satisfied, on hearing an application under subsection (2), that there are proper grounds for removing the auditor from office, it may make an order removing the auditor from office.
(5)If the court is satisfied, on hearing an application under subsection (3), that—
(a)the applicants represent in total—
(i)not less than 5% of the voting rights of all the members having a right to vote at a general meeting of the company, or
(ii)not less than 5% in nominal value of the company’s share capital, and
(b)there are proper grounds for removing the auditor from office,
the court may make an order removing the auditor from office.
(6)For the purposes of this section, divergence of opinions on accounting treatments or audit procedures are not to be taken to be proper grounds for removing an auditor from office.
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 511A inserted (17.6.2016) by The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 22(1) (with reg. 1(12))
F2S. 511A(7) omitted (with effect in accordance with reg. 1(6)(8) of the amending S.I.) by virtue of The Statutory Auditors and Third Country Auditors Regulations 2017 (S.I. 2017/516), regs. 1(2), 12(18)
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