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CORPORATIONS ACT 2001

CHAPTER 2M - FINANCIAL REPORTS AND AUDIT  

PART 2M.4 - APPOINTMENT AND REMOVAL OF AUDITORS  

Division 6 - Appointment, removal and fees of auditors for companies    View history reference

Subdivision A - Appointment of company auditors    View history reference

SECTION 327D  APPOINTMENT TO REPLACE AUDITOR REMOVED FROM OFFICE  

 View history reference

327D(1)  [Application]  


This section deals with the situation in which an auditor of a company is removed from office at a general meeting in accordance with section 329.

327D(2)  [Special resolution to appoint]  


The company may at that general meeting (without adjournment), by special resolution immediately appoint an individual, firm or company as auditor of the company if a copy of the notice of nomination has been sent to the individual, firm or company under subsection 328B(3).

327D(3)  [Ordinary resolution to appoint]  


If a special resolution under subsection (2):


(a) is not passed; or


(b) could not be passed merely because a copy of the notice of nomination has not been sent to an individual, firm or company under subsection 328B(3);

the general meeting may be adjourned and the company may, at the adjourned meeting, by ordinary resolution appoint an individual, firm or company as auditor of the company if:


(c) a member of the company gives the company notice of the nomination of the individual, firm or company for appointment as auditor; and


(d) the company receives the notice at least 14 clear days before the day to which the meeting is adjourned.

327D(4)  [Adjourned meeting]  


The day to which the meeting is adjourned must be:


(a) not earlier than 20 days after the day of the meeting; and


(b) not later than 30 days after the day of the meeting.

327D(5)  [Tenure]  


Subject to this Part, an auditor appointed under subsection (2) or (3) holds office until the company's next AGM.


 



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