Part XI Company administration and procedure

Chapter IV Meetings and Resolutions

F1 Appointment of auditors

Annotations:
Amendments (Textual)
F1

New ss. 384–388A inserted (subject to the savings and transitional provisions in S.I. 1990/355, arts. 4, 10, Sch. 4) by Companies Act 1989 (c. 40, SIF 27), ss. 118, 119(1), 213(2), (as part of the text inserted to replace Chapter V as mentioned in s. 118 of the 1989 Act)

386F2 Election by private company to dispense with annual appointment.

1

A private company may elect (by elective resolution in accordance with section 379A) to dispense with the obligation to appoint auditors annually.

2

When such an election is in force the company’s auditors shall be deemed to be re-appointed for each succeeding financial year on the expiry of the time for appointing auditors for that year, unless-

a

a resolution has been passed under section 250 by virtue of which the company is exempt from the obligation to appoint auditors, or

b

a resolution has been passed under section 393 to the effect that their appointment should be brought to an end.

3

If the election ceases to be in force, the auditors then holding office shall continue to hold office-

a

where section 385 then applies, until the conclusion of the next general meeting of the company at which accounts are laid;

b

where section 385A then applies, until the end of the time for appointing auditors for the next financial year under that section.

4

No account shall be taken of any loss of the opportunity of further 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.