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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. Prevention by members of deemed re-appointment of auditor

Section 488 | Prevention by members of deemed re-appointment of auditor

From legislation.gov.uk

(1)An auditor of a private company is not deemed to be re-appointed under section 487(2) if the company has received notices under this section from members representing at least the requisite percentage of the total voting rights of all members who would be entitled to vote on a resolution that the auditor should not be re-appointed.

(2)The “requisite percentage” is 5%, or such lower percentage as is specified for this purpose in the company's articles.

(3)A notice under this section—

(a)may be in hard copy or electronic form,

(b)must be authenticated by the person or persons giving it, and

(c)must be received by the company before the end of the accounting reference period immediately preceding the time when the deemed re-appointment would have effect.

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