Companies Act 2014 section 404

Duty of company to notify Supervisory Authority of auditor's cessation of office

Section 404 requires a company to notify the Supervisory Authority when its statutory auditor ceases to hold office between annual general meetings, and specifies what documentation must accompany that notification.

• A company must notify the Supervisory Authority within 30 days when its statutory auditor leaves office between annual general meetings, whether by removal or resignation
• If the auditor resigned, the notification must be accompanied by the auditor's formal notice of resignation (or notice of unwillingness to be reappointed)
• If the auditor was removed by resolution at a general meeting, the notification must include a copy of the removal resolution and any written representations made by the outgoing auditor, unless a court order prevented those representations from being circulated to members
• The term "resignation" is broadly defined to include situations where the auditor simply indicates they are unwilling to be reappointed at the next annual general meeting