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Legislation
Companies Act 2006

Crossheading Private companies

  • Section 485 Appointment of auditors of private company: general
  • Section 485A Appointment of auditors of private company: additional requirements for public interest entities with audit committees
  • Section 485B Appointment of auditors of private company: additional requirements for public interest entities without audit committees
  • Section 485C Restriction on appointment of auditor of private company which is a public interest entity
  • Section 486 Appointment of auditors of private company: default power of Secretary of State
  • Section 486A Defective appointments: default power of Secretary of State
  • Section 487 Term of office of auditors of private company
  • Section 487A Maximum engagement period: transitional arrangements
  • Section 488 Prevention by members of deemed re-appointment of auditor
  1. Private companies
  2. Appointment of auditors of private company: default power of Secretary of State

Section 486 | Appointment of auditors of private company: default power of Secretary of State

From legislation.gov.uk

(1)If a private company fails to appoint an auditor or auditors in accordance with section 485... the Secretary of State may appoint one or more persons to fill the vacancy.F1

(2)Where subsection (2) of section 485 applies and the company fails to make the necessary appointment before the end of the period for appointing auditors, the company must within one week of the end of that period give notice to the Secretary of State of his power having become exercisable.F2

(3)If a company fails to give the notice required by this section, an offence is committed by—

(a)the company, and

(b)every officer of the company who is in default.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

Notes

  1. F1

    Words in s. 486(1) omitted (with effect in accordance with reg. 2(3) of the amending S.I.) by virtue of The Statutory Auditors Regulations 2017 (S.I. 2017/1164), reg. 1(2)(3), Sch. 1 para. 15 (with reg. 2(6)(7))

  2. F2

    Words in s. 486(2) substituted (with effect in accordance with reg. 1(6)(8) of the amending S.I.) by The Statutory Auditors and Third Country Auditors Regulations 2017 (S.I. 2017/516), regs. 1(2), 12(5)

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