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  

Subdivision A - Appointment of company auditors  

SECTION 327D   APPOINTMENT TO REPLACE AUDITOR REMOVED FROM OFFICE  

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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.