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Companies Act 1985
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Changes over time for: Section 388
Version Superseded: 01/10/2007
Alternative versions:
- 01/02/1991- Amendment
- 06/04/1997
Point in time - 01/10/2007- Amendment
- 06/04/2008- Amendment
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Point in time view as at 06/04/1997. This version of this provision has been superseded.
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[F1388 Filling of casual vacancies.E+W+S
(1)The directors, or the company in general meeting, may fill a casual vacancy in the office of auditor.
(2)While such a vacancy continues, any surviving or continuing auditor or auditors may continue to act.
(3)Special notice is required for a resolution at a general meeting of a company—
(a)filling a casual vacancy in the office of auditor, or
(b)re-appointing as auditor a retiring auditor who was appointed by the directors to fill a casual vacancy.
(4)On receipt of notice of such an intended resolution the company shall forthwith send a copy of it—
(a)to the person proposed to be appointed, and
(b)if the casual vacancy was caused by the resignation of an auditor, to the auditor who resigned.]
Textual Amendments
F1New 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)
Modifications etc. (not altering text)
C1S. 388 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I
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