CORPORATIONS ACT 2001
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]
(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]
(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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