Companies Act 2014

380.

Statutory auditors — general provisions (including as to the interpretation of provisions providing for auditors’ term of office)

380. (1) One or more statutory auditors shall be appointed in accordance with this Chapter for each financial year of the company.

(2) For convenience of expression (but save in certain instances where use of the singular form is more appropriate) the plural form —“statutory auditors”— is used throughout this Part irrespective of the fact that a single statutory auditor has been or is to be so appointed.

(3) A reference elsewhere in this Act to statutory auditors shall be read accordingly.

(4) The appointment of a firm (not being a body corporate) by its firm name to be the statutory auditors of a company shall be deemed to be an appointment of those persons who are—

(a) from time to time during the currency of the appointment the partners in that firm as from time to time constituted, and

(b) qualified to be statutory auditors of that company.

(5) Any—

(a) reference in this Chapter to a person being appointed statutory auditor of a company to hold office until the conclusion of the next annual general meeting of the company, or

(b) provision otherwise of this Chapter stating that a person appointed statutory auditor shall hold such office until the conclusion of such a general meeting,

shall be read as meaning that the person shall hold such office until the conclusion of such a general meeting save where one of the following sooner happens—

(i) the person’s resignation (in accordance with this Part) or death,

(ii) the termination of the person’s office (or his or her removal otherwise from office) pursuant to this Part, or

F216 [ (iii) the person s becoming disqualified from holding office by virtue of F217 [ the relevant provisions (within the meaning of section 900 ) ] . ]

F218 [ (6) A contractual clause which has the effect of restricting the choice by the general meeting of shareholders or members of a company pursuant to this Part to certain categories or lists of statutory auditors as regards the appointment of a particular statutory auditor to carry out the statutory audit of that company shall be prohibited and shall be void. ]

Annotations

Amendments:

F216

Substituted (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. 11, in effect as per regs. 1(2), 3 and subject to transitional provision in reg. 143.

F217

Substituted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 11(a), S.I. No. 366 of 2018.

F218

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 11(b), S.I. No. 366 of 2018.

Modifications (not altering text):

C97

Section applied with modifications (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 27, in effect as per reg. 1(2), (3).

Application of section 380 of Principal Act

27. Section 380 of the Principal Act shall apply to a qualifying partnership as if -

(a) subsection (1) read:

“(1) The partners in a qualifying partnership shall appoint one or more statutory auditors for each financial year of the partnership.”,

and

(b) subsection (5) were omitted.