State the provisions of Australian Corporation Law in respect of Auditors.

CS Professional · Advanced Company Law and Practice · PYQS · June 2021
State the provisions of Australian Corporation Law in respect of Auditors.

Answer & Explanation:

As per Australian Corporations Act, 2001 following persons may be appointed as auditor of a company: a. An Individual b. A Firm c. A Company In case of Proprietary Company, the Directors may appoint an auditor for the company if an auditor has not been appointed by the company in general meeting. The company may have more than one auditor. The appointment of a firm as auditor of a company is taken to be an appointment of all persons who, at the date of the appointment, are (a) members of the firm; and (b) registered company auditors. This is so whether or not those persons are resident in Australia. The appointment of the members of a firm as auditors of a company or registered scheme, that is taken to have been made because of the appointment of the firm as auditor of the company or scheme, is not affected by the dissolution of the firm. A report or notice that purports to be made or given by a firm appointed as auditor of a company is not taken to be duly made or given unless it is 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. A notice required or permitted to be given to an audit firm under the Corporations legislation may be given to the firm by giving the notice to a member of the firm. For the purposes of criminal proceedings under this Act against a member of an audit firm, an act or omission by: (a) a member of the firm; or (b) an employee or agent of the audit firm; acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is also to be attributed to the audit firm. The Directors of a public company must appoint an auditor of the company within one month after the day on which a company is registered as a company unless the company at a general meeting has appointed an auditor. A public company must appoint an auditor of the company at its first AGM and appoint an auditor of the company to fill any vacancy in the office of auditor at each subsequent AGM. An auditor holds office until the auditor dies; or is removed, or resigns, from office; or ceases to be capable of acting as auditor; or ceases to be auditor.

Topics: Global Developments in Company Law

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