Companies Act (Cap. 386)
Companies Act (Cap. 386), article 151
151. (1) A company shall, at each general meeting at which
the annual accounts ar e laid, appoint an auditor or auditors to hold
office from the conclusion of that meeting until the conclusion of
the next general meeting at which such accounts are laid. The
company may appoint joint audito rs and references in this Act t o
auditor or auditors shall be deemed to include references to si ngle
or joint auditors as the case may be.
(2) The first auditors of the company may be appointed by the
directors at any time before t he first general meeting of the
company at which the annual acco unts are laid, and the auditors so
appointed shall hold office until the conclusion of that meetin g.
(3) If the directors fail to exercise their powers under sub-
article (2), the powers may be e xercised by the company in gene ral
meeting.
(4) If no auditors are appointed or re-appointed as required by
the foregoing sub-articles of thi s article, the court on an app lication
made by any of the directors or by any member of the company or
by the Registrar may appoint a person to fill the vacancy.
(5) In the case specified in sub-article (4), the company shall
within two weeks of the general meeting at which an auditor or
auditors should have been appointed by virtue of sub-article (1 ),
give notice to the Registrar that his power to apply to the cou rt has
become exercisable.
(6) If a company fails to give the notice required by sub-articl es
(5) or (9), every officer of the company who is in default shal l be liable
to an administrative penalty and for every day during which the defau lt
persists, to a further administrative penalty.
(7) Any contractual clause restr icting the choice by the general
meeting of the company pursuant to sub-article (1) to certain
categories or lists of statutory auditors or audi t firms as reg ards the
appointment of a particular statutory auditor or audit firm to carry
out the statutory audit of the company shall be prohibited. Any
such existing clause shall be null and void.
(8) For the purposes of the application of this article, for the
appointment of auditors or audit firms by public-interest entit ies,
the conditions set out in Article 16(2) to (6) of the Audit
Regulation, and those in the relative sectoral legislation regu lating
each particular type of public-interest entity, shall apply.
(9) When the first auditor of the company is appointed and
whenever a new auditor is appointed following a resignation or
removal of a previous auditor, the company shall, within fourte en (14)
days from the said appointment, submit to the Registrar for
registration a return in the prescribed form, by means of which the
Registrar is notified with the name and surname and warrant
registration number of the appointed auditor.
100 CAP. 386.] COMP ANIES
Duration of the
audit engagement
of public-interest
entities.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.