The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007

Provisions relating to the appointment of auditors

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24.—(1) In Article 392 (duty to appoint auditors)—

(a)in paragraph (1) for “Every company” substitute “Every public company”;

(b)in paragraph (2) omit the words from “except in the case of a private company” to the end;

(c)in paragraph (3) omit the words from “or 393A(2)” to the end; and

(d)omit paragraph (4).

(2) In Article 393 (appointment at general meeting at which accounts laid), in paragraph (1) omit the words from “and to a private company” to the end.

(3) In Article 395 (appointment by Department in default of appointment by company), in paragraph (1) for “If in any case” substitute “If in the case of a public company”.

(4) In Article 396 (filling of casual vacancies)—

(a)in paragraph (1) after “The directors” insert “of a public company”;

(b)in paragraph (3) for “a company” substitute “a public company”.

(5) In Article 396A (certain companies exempt from obligation to appoint auditors)—

(a)in paragraph (1) for “A company” substitute “A public company”;

(b)in paragraph (2) for “a company” substitute “a public company”;

(c)omit paragraph (4); and

(d)in paragraph (5), omit “or (4)”.

(6) These amendments have effect in relation to appointments for financial years beginning on or after 1st October 2007.