Companies Act 2014

394.

Removal of statutory auditors: general meeting

394. A company may, by ordinary resolution at a general meeting, remove a statutory auditor and appoint, in his or her place, any other person or persons, being a person or persons—

(a) who have been nominated for appointment by any member of the company and who are qualified by virtue of F212 [ Part 27 ] to be statutory auditors of the company, and

(b) of whose nomination notice has been given to its members,

but this is—

(i) subject to section 395 , and

(ii) without prejudice to any rights of the statutory auditor in relation to his or her removal under this section.

Annotations:

Amendments:

F212

Substituted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 13, S.I. No. 366 of 2018.

Modifications (not altering text):

C114

Section applied with modifications (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 32, in effect as per reg. 1(2), (3).

Application of section 394 of Principal Act

32. Section 394 of the Principal Act shall apply to a qualifying partnership as if it read:

“394. The partners in a qualifying partnership may remove a statutory auditor from office before the end of the auditor’s term of office and appoint, in his or her place, any other person or persons, being a person or persons who is or are qualified by virtue of Part 27 to be statutory auditors of the company, but this is subject to section 395.”.

Editorial Notes:

E48

Previous affecting provision: para. (a) amended (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 13, in effect as per regs. 1(2), (3) and subject to transitional provision in reg. 143; amendment substituted as per F-note above.