Companies Act (Cap. 386)

Companies Act (Cap. 386), article 158

Official PDF on legislation.mt

158. (1) Notice specifying the text of and reasons for a proposed resolution of a general meeting of a company whereby i t is intended to - (a) remove an auditor before the expiration of his term of office; or (b) appoint as auditor a person other than a retiring auditor; shall be sent forthwith by the company to the person proposed t o be removed, to the person proposed to be appointed and to the reti ring auditor, as the case may be. (2) The auditor proposed to be removed or, as the case may be, the retiring auditor may make with respect to the intended resolution representations in writing to the company not exceed ing a reasonable length and request their notification to members o f the company. (3) The company shall, unless th e representations are received by it too late for it to do so - (a) in any notice of the resolution given to members of the company, state the fact of the representations having been made; and (b) send a copy of the represent ations to every member of the company to whom notice of the meeting is or has been sent. (4) If a copy of any such representations is not sent out as required because it was receive d too late or because of the company’s default, the auditor may, without prejudice to his ri ght to be heard orally, require that the representations be read ou t at the meeting. Resignation of auditor. Amended by: XV . 2007.9; IX. 2008.18. Cap. 281.

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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.