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Get the free Notice of passing of resolution removing an auditor - companieshouse gov

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This document serves as a notification regarding the removal of an auditor from a company, detailing the necessary information such as dates and auditor details.
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How to fill out notice of passing of

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How to fill out Notice of passing of resolution removing an auditor

01
Begin by obtaining the official template for the Notice of Passing of Resolution Removing an Auditor.
02
Clearly state the title of the document at the top as 'Notice of Passing of Resolution Removing an Auditor'.
03
Include the date of the resolution and the name of the company.
04
Specify the details of the auditor being removed, including their name and firm.
05
Clearly state the resolution passed that led to the removal of the auditor.
06
Include the names and signatures of the directors who approved the resolution.
07
Provide information on the effective date of the auditor's removal.
08
Ensure the notice is distributed appropriately according to relevant laws and regulations.

Who needs Notice of passing of resolution removing an auditor?

01
Company shareholders who need to be informed about the removal of the auditor.
02
Current directors of the company who may need to acknowledge and adhere to the resolution.
03
Relevant regulatory bodies that require notification of changes in the company's auditor.
04
The auditor being removed, who should be formally notified of their removal.
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That is to do so by ordinary resolution (where shareholders with more than 50% of the voting rights agree to do so) at a members general meeting. Special notice of at least 28 days must be given to the members and to the auditor in order to allow the auditor sufficient time to prepare and make a statement of his case.
Can a company remove an auditor before the term ends? Yes, but the removal of an auditor before term completion requires approval from the central government and must be justified with valid reasons.
The plain reading of section 140 of the Act clearly stipulates that the auditor can be removed by passing special resolution after obtaining prior approval of the Central Government (powers delegated to Regional Director vide notification S.O. 1352(E) dated 21.05. 2014).
An auditor of a company may be removed from office by resolution of the company at a general meeting. Auditors' rights and obligations: Rights: Access to all records - External auditor has a right of access at all times to the accounting and other records, including registers, of the company.
Removing an auditor is one of the only company administration procedures under the Companies Act 2006 where there is a single route that can be taken. That is to do so by ordinary resolution (where shareholders with more than 50% of the voting rights agree to do so) at a members general meeting.
The steps are: Step 1: Service of notice of intention and resolution to convene a general meeting. Step 2: Advice to the auditor and ASIC. Step 3: Representations by the auditor to the company. Step 4: Notice of the meeting and notice of nomination of a new auditor. Step 5: Advice to ASIC if the resolution is carried.
The notice shall be published at least seven days before the meeting, exclusive of the day of publication of the notice and day of the meeting. As per clause (ii) of sub-section (4) of section 140, on receipt of notice of such a resolution, the company shall forthwith send a copy thereof to the retiring auditor.
The plain reading of section 140 of the Act clearly stipulates that the auditor can be removed by passing special resolution after obtaining prior approval of the Central Government (powers delegated to Regional Director vide notification S.O. 1352(E) dated 21.05.

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A Notice of passing of resolution removing an auditor is a formal document that notifies relevant parties that a resolution has been passed to remove an auditor from their position within an organization.
The company or organization that has passed the resolution to remove the auditor is required to file the Notice of passing of resolution.
To fill out the Notice, include the name of the company, details of the auditor being removed, the date of the resolution, and the signatures of the individuals who passed the resolution.
The purpose is to officially inform stakeholders, including regulators and other interested parties, of the decision to terminate the auditor's services and ensure compliance with legal requirements.
The Notice must report the company's name, the auditor's name, details of the resolution passed, the date of the resolution, and any other relevant details stipulated by applicable laws.
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