§ 205AB — Resignation of auditor of public interest company or subsidiary company of public interest company

205AB.—(1) An auditor of a public interest company, or a subsidiary company of a public interest company, may by giving the company a notice of resignation in writing, resign before the end of the term of office for which the auditor was appointed, if —(a)

the auditor has applied for consent from the Registrar to the resignation and provided a written statement of the auditor’s reasons for resigning and, at or about the same time as the application, notified the company in writing of the application to the Registrar and provided the company with the written statement of the auditor’s reasons for resigning; and

(b)

the consent of the Registrar has been given.[36/2014]

(2) The Registrar must, as soon as practicable after receiving the application from an auditor under subsection (1), notify the auditor and the company whether it consents to the resignation of the auditor.[36/2014]

(3) A statement made by an auditor in an application to the Registrar under subsection (1)(a) or in answer to an inquiry by the Registrar relating to the reasons for the application —(a)

is not admissible in evidence in any civil or criminal proceedings against the auditor; and

(b)

subject to subsection (4), may not be made the ground of a prosecution, an action or a suit against the auditor,

and a certificate by the Registrar that the statement was made in the application or in the answer to the inquiry by the Registrar is conclusive evidence that the statement was so made.

[36/2014]

(4) Despite subsection (3), the statement referred to therein may be used in any disciplinary proceedings commenced under the Accountants Act 2004 against the auditor.[36/2014]

(5) The resignation of an auditor of a public interest company, or subsidiary company of a public interest company, takes effect —(a)

on the day (if any) specified for the purpose in the notice of resignation;

(b)

on the day on which the Registrar notifies the auditor and the company of the Registrar’s consent to the resignation; or

(c)

on the day (if any) fixed by the Registrar for the purpose,

whichever last occurs.

[36/2014]

—(1) An auditor of a public interest company, or a subsidiary company of a public interest company, may by giving the company a notice of resignation in writing, resign before the end of the term of office for which the auditor was appointed, if —(a)

the auditor has applied for consent from the Registrar to the resignation and provided a written statement of the auditor’s reasons for resigning and, at or about the same time as the application, notified the company in writing of the application to the Registrar and provided the company with the written statement of the auditor’s reasons for resigning; and

(b)

the consent of the Registrar has been given.[36/2014]

(2) The Registrar must, as soon as practicable after receiving the application from an auditor under subsection (1), notify the auditor and the company whether it consents to the resignation of the auditor.[36/2014]

(3) A statement made by an auditor in an application to the Registrar under subsection (1)(a) or in answer to an inquiry by the Registrar relating to the reasons for the application —(a)

is not admissible in evidence in any civil or criminal proceedings against the auditor; and

(b)

subject to subsection (4), may not be made the ground of a prosecution, an action or a suit against the auditor,

and a certificate by the Registrar that the statement was made in the application or in the answer to the inquiry by the Registrar is conclusive evidence that the statement was so made.

[36/2014]

(4) Despite subsection (3), the statement referred to therein may be used in any disciplinary proceedings commenced under the Accountants Act 2004 against the auditor.[36/2014]

(5) The resignation of an auditor of a public interest company, or subsidiary company of a public interest company, takes effect —(a)

on the day (if any) specified for the purpose in the notice of resignation;

(b)

on the day on which the Registrar notifies the auditor and the company of the Registrar’s consent to the resignation; or

(c)

on the day (if any) fixed by the Registrar for the purpose,

whichever last occurs.

[36/2014]