Companies Act (Cap. 386)
Companies Act (Cap. 386), article 157
157. (1) Notwithstanding anything in a company’s
memorandum or articles or in any other agreement, the company
may at any time remove an auditor from office in the same manne r
as that specified i n article 140(1):
Provided that an auditor may only be removed from office
as aforesaid if there is a proper ground for dismissal:
Provided further that diverg ence of opinions on accounting
treatments or audit procedures shall not constitute a proper gr ound
for dismissal.
(2) ( a) Where a resolution removing an auditor is passed at a
general meeting of a company, the company shall
within fourteen days give notice thereof to the
Registrar for registration. The company shall also,
within the same period, deliver to the Board a
statement by the company giving an adequate
explanation of the reasons for the removal of the
auditor. If a company fails to give the aforesaid notice
to the Registrar or the afores aid statement to the Board,
every officer of the company who is in default shall be
liable to a penalty in respect of each default, and for
every day during which the default continues, to a
further penalty.
Cap. 281.
(b) For the purposes of this sub-article, the Board shall
have the meaning assigned to it by the Accountancy
Profession Act .
(3) Nothing in this article shall be taken as depriving a person
removed under its provisions of compensation for damages payabl e
to him in respect of the termination of his appointment as audi tor or
of any appointment terminating with that of auditor.
(4) An auditor of a company who has been remov ed shall have,
notwithstanding his removal, the rights conferred by article 15 5 in
relation to any general meeting of the company -
(a) at which his term of office would otherwise have
expired; or
(b) at which it is proposed to fill the vacancy caused by
his removal.
In such a case the references in that article to matters
concerning the auditor as auditor shall be construed as referen ces to
matters concerning him as a former auditor.
(5) In the case of a statutory audit of a public-interest entity , it
shall be permissible for -
(a) shareholders representing five per cent or more of the
voting rights or of the share capital of the company; or
(b) the Board referred to in sub-article (2),
COMP ANIES [CAP. 386. 105
to bring a claim before the court for the dismissal of the stat utory
auditor(s) or the audit firm(s) where there are proper grounds for so
doing.
Rights of auditors
who are removed
or not re-
appointed.
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.