C6C4C8C3C10C9C7C11C2Part 16Audit

Annotations:
Modifications etc. (not altering text)
C6

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)

C3

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))

F5Chapter 4Removal, resignation, etc of auditors

Annotations:
Amendments (Textual)

Statement by auditor on ceasing to hold office

C1C5521Copy of statement to be sent to registrar

F4A1

This section applies where an auditor (“A”) of a company sends a statement to the company under section 519 except where—

a

the company is a non-public interest company, and

b

the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

1

F2Where this section applies, unless within 21 days beginning with the day on which he F3sent the statement under section 519 the auditor receives notice of an application to the court under section 520, he must within a further seven days send a copy of the statement to the registrar.

2

If an application to the court is made under section 520 and the auditor subsequently receives notice under subsection (5) of that section, he must within seven days of receiving the notice send a copy of the statement to the registrar.

3

An auditor who fails to comply with subsection (1) or (2) commits an offence.

4

In proceedings for such an offence it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

5

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to a fine;

b

on summary conviction, to a fine not exceeding the statutory maximum.

F16

Where an offence under this section is committed by a body corporate, every officer of the body who is in default also commits the offence. For this purpose—

a

any person who purports to act as director, manager or secretary of the body is treated as an officer of the body, and

b

if the body is a company, any shadow director is treated as an officer of the company.