Module 9 - Auditor Responsibilities: Legislation Flashcards
Auditors rights to receive info are:
Right of access at all times to company’s records
Right for employees and directors to provide necessary info and explanations
Right for subsidiaries to provide them with any information they need
Auditors rights in relation to resolutions and meetings:
Receive copies of all communications relating to any written resolution
Receive all notices of any general meetings and also to attend such meetings
Right to be heard at any general meeting which concerns them as auditor
Is it an offence to knowingly or recklessly give misleading, false or deceptive statements to an auditor?
Yes
According to CA 2006
Mnemonic for auditors requirements to form opinions beyond the key reporting responsibilities
RAPID
What does RAPID stand for?
Returns have been received from branches not visited by the auditor
Accounts agree with the underlying records
Proper accounting records have been kept
Info and explanations necessary for the purpose of the audit have been received
Directors emoluments (salary, bonuses etc) and other benefits disclosures are complete
Do LSE listed companies have to comply with more onerous disclosure requirements
Yes
Does the CA 2006 require an auditor to be appointed for each financial year that an audit is required?
Yes
How is the auditor usually appointed
By the shareholders via the passing of an ordinary resolution
(Over 50% of shareholders agree via a vote)
Are there any situations in which the directors are allowed to appoint the auditor?
Yes
What are the situations in which directors are allowed to appoint the auditor?
The first time a company requires an auditor
To fill a casual vacancy (eg an auditor resigns during the term of office)
If the company previously had audit exemption but have lost the exemption and now need an auditor
Where the auditor has been appointed by directors, what do they shareholders have to decide?
Whether that auditor should be reappointed next year
How does choosing an auditor work in a public company?
An auditor will be appointed / re-appointed at each annual general meeting (‘AGM’) by the shareholders
How does choosing an auditor work in a private company?
The auditor is deemed to be automatically reappointed unless 5% or more of shareholders object (or auditors first appointed by directors)
Some companies may have something which prohibits automatic re-appointment
Can the auditor be removed at any time by shareholders?
Yes
Does an auditor have rights to protect against unwarranted dismissal?
Yes
What are the auditor rights to protect against unwarranted dismissal?
Copy of motion to remove auditors must be sent to auditors
Auditor has right to make written statements regarding their removal and have these passed to shareholders
Auditor retains the right to attend the normal AGM of the company in the year they were removed
Does an auditor have to be notified if they are to be removed / not reappointed?
Yes