A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

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 328A  AUDITOR'S CONSENT TO APPOINTMENT  

 View history reference

328A(1)  

A company, the directors of a company or the responsible entity of a registered scheme must not appoint an individual, firm or company as auditor of the company unless that individual, firm or company:


(a) has consented, before the appointment, to act as auditor; and


(b) has not withdrawn that consent before the appointment is made.

For the purposes of this section, a consent, or the withdrawal of a consent, must be given by written notice to the company, the directors or the responsible entity of the scheme.

328A(2)  

A notice under subsection (1) given by a firm must be signed by a member of the firm who is a registered company auditor both:


(a) in the firm name; and


(b) in his or her own name.

328A(3)  

A notice under subsection (1) given by a company must be signed by a director or senior manager of the company both:


(a) in the company's name; and


(b) in his or her own name.

328A(4)  

If a company, the directors of a company or the responsible entity of a registered scheme appoints an individual, firm or company as auditor of a company in contravention of subsection (1):


(a) the purported appointment does not have any effect; and


(b) the company or responsible entity, and any officer of the company or responsible entity who is in default, are each guilty of an offence.

Note: An officer of a company, or of a responsible entity, is in default if the officer is involved in the contravention of subsection (1) by the company, the company's directors or the entity (see section 83). Section 79 defines involved.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page