Organizations
change their auditors sometimes. Some of
the common reasons that entities might change their auditors are audit fee,
size of client or audit firm, auditor does not seek re-election, personality
clash and audit rotations. The two main
methods of changing auditors are 1) Resignation of an auditor and 2) Removal of
the auditors.
1.
Resignation of auditors
During
the term of office of auditors they may resign for one or more reasons. The due
procedures for the resignation of the auditors are as outlined below:
·
Auditors must deposit written
resignation notice together with statement of circumstances relevant to members
or statement that no circumstances exist at the registered office of the client;
·
The company must send a copy of
the resignation notice package of the auditors to the Registrar of companies;
·
Where the resignation notice
package includes statement of circumstances, the company should send a copy of
the statement to everyone entitled to receive a copy of accounts;
·
Auditors can require directors to
call extraordinary general meeting to discuss circumstance of resignation;
·
Directors must send out notice of
meeting within 21 days of having received requisition by auditors.
Although the auditors may have resigned, they have the following
rights;
·
To receive notices that relate to
a general meeting at which their term of office would have expired;
·
To receive notices that relate to
a general meeting where casual vacancy caused by their resignation to be
filled;
·
To speak at these meetings on any
matter which concerns them as auditors.
2.
Removal of Auditors (Section 135)
Section 135
of the Companies Code makes it possible for a company to remove its
auditors. The appropriate procedures for
removal of auditors are as follows:
·
A
written notice of intention to move a resolution for the removal or appointment
of auditors should be given to the company not less that thirty-five (35) days
(fourteen (14) days in case of resolution to remove an auditor appointed by the
directors) before the annual general meeting;
·
The
company should send a copy of the notice to the auditor concerned;
·
The
notice of the resolution should be given to members not less than twenty –one
(21) days (Seven (7) days in case of resolution to remove an auditor appointed
by the directors) before the meeting;
·
The
auditors concerned are entitled to be heard on the resolution at the meeting;
·
The
auditors are entitled to send to the company a written statement, copies of
which the company shall circulate to every person entitled to notice of meeting
in the same manner as notice of meetings are required to be given;
·
The
company need not circulate the statement of the auditor if it is received by
the company less than Seven (7) days before the meeting or the Court orders non-circulation.
·
If
the resolution is passed it shall take effect after the conclusion of the meeting.
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