Appoint auditor: set of documents

The Companies Act provides three alternative procedures to appoint an auditor. We provide here three sets of documents so as to cover all the options.

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Suitable for use in: England & Wales and Scotland
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About this set of documents

The reason you wish to appoint an auditor is simply because you do not have one.

However, you have no obligation under the Companies Act 2006 to have an auditor.

The requirement is simply to file accounts. Your accounts may be prepared by you, your granny or the guy next door. The advantage of a formal appointment is simply that information obtained by search at Companies House shows that you have done so.

That will give comfort to some searchers, particularly if your business handling large sums of money on behalf of other people.

You may also wish to appoint an auditor formally is to give confidence to your shareholders that someone other than you is keeping an eye on the money. This appointment may give than confidence even though the auditor will have no contractual liability.

The Companies Act 2006 allows you to appoint an auditor in three ways: by directors’ resolution, in members’ general meeting or by way of written resolution. We have taken advantage of the new flexibility of law and giving you 3 sets, which are simple and effective - and in plain English of course.

The included documents are:

In this pack we have provided documents required in three cases. Use any one procedure and the set of documents for it.

Documents for appointment of auditor by directors

  1. Minutes of meeting of the directors
  2. Directors’ resolution to appoint auditor

Documents for a general meeting

  1. Minutes of meeting of the directors
  2. Consent to short notice for General Meeting
  3. Notice of General Meeting
  4. Minutes of General Meeting
  5. Proxy voting form

Documents for a written resolution

  1. Minutes of meeting of the directors
  2. Written resolution
  3. Statement under section 291(4)
  4. Member approval to written resolution

Key features

  • suitable for three types: directors’ resolution, general meeting or written resolution
  • provide option how to call meeting on short notice period (if use first set)
  • contain modern provisions in plain English
  • allow you to construct your minutes and resolutions to suit your exact business needs
  • full of practical and commercial help and suggestions
  • save you time and worry as you make your way through each document in turn.

Service contract

After appointment of the auditor, you will additionally need to have a service contract with the auditor. This is required to regulate finer points in detail. You will need to put in place a service agreement.

Draftsman

This document was written by a solicitor for Net Lawman. It complies with current English law.

UK-CPmin21 - Appoint auditor: set of documents (Suitable for use in: England & Wales and Scotland)

 
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