Companies Act 2014

F1229[Removal of statutory auditors from carrying out assurance of sustainability reporting of public-interest entities

1624

1624. (1) In the case of the assurance of sustainability reporting of a public-interest entity –

(a) shareholders representing 5 per cent or more of the voting rights or of the share capital, or

(b) the Supervisory Authority,

may bring a claim before the High Court for the removal of the statutory auditor or audit firm carrying out the assurance of sustainability reporting of the entity subject to there being good and substantial grounds for bringing such a claim before the Court.

(2) The grounds for bringing the claim before the High Court shall relate to –

(a) the conduct of the auditor or audit firm with regard to the performance of his or her duties in relation to the carrying out of the assurance of sustainability reporting of the public-interest entity or otherwise, or

(b) the petitioner’s opinion that it is in the best interests of the public-interest entity to do so.

(3) For the purposes of subsection (2)

(a) diverging opinions on sustainability reporting or assurance procedures cannot constitute the basis for the passing of any resolution for the purposes of that subsection, and

(b) "best interests of the public-interest entity" shall not include any illegal or improper motive with regard to avoiding disclosures or detection of any contravention by the entity of this Act.]

Annotations

Amendments:

F1229

Inserted (6.07.2024) by European Union (Corporate Sustainability Reporting) Regulations 2024 (S.I. No. 336 of 2024), reg. 24, in effect as per reg. 1(2).