Companies Act 2014 section 402

Resignation of statutory auditors: right to get notice of, attend, and be heard at general meeting

Section 402 sets out the rights of statutory auditors who have resigned to receive notice of, attend, and be heard at certain general meetings of the company.

• Resigned statutory auditors are entitled to attend the next annual general meeting after their resignation and any general meeting convened to fill the vacancy or called at their own request under section 401(1).
• The company must send the former auditors all notices and communications relating to those meetings, on the same basis as a member of the company would receive them.
• The former auditors must be permitted to speak at any such meeting on any part of the business that concerns them in their capacity as former statutory auditors.
• Failure to comply is a category 3 offence for the company and any defaulting officer, including any shadow director or de facto director.