Legislation

UK Legislation

Companies Act 2006

Part 16 Audit

Statement by auditor on ceasing to hold office
522  Duty of auditor to [send statement to] appropriate audit authority
[(1)Where an auditor of a company sends a statement under section 519, the auditor must at the same time send a copy of the statement to the appropriate audit authority.]
(5)A person ceasing to hold office as auditor who fails to comply with this section commits an offence.
(6)If that person is a firm an offence is committed by—
 (a)the firm, and
 (b)every officer of the firm who is in default.
(7)In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(8)A person guilty of an offence under this section is liable—
 (a)on conviction on indictment, to a fine;
 (b)on summary conviction, to a fine not exceeding the statutory maximum.
NOTES
Derivation
 This section is new.
Initial Commencement
 To be appointed
 To be appointed: see s 1300(2).
Appointment
 Appointment: 6 April 2008: see SI 2007/3495, art 3(1)(e); for transitional provisions and savings see art 9, Sch 4, Pt 1, para 16 thereto.
Amendment
 Section heading: words “send statement to” in square brackets substituted by the Deregulation Act 2015, s 18(5), Sch 5, Pt 1, paras 1, 9(1), (3).
  Date in force: 1 October 2015: see SI 2015/1732, art 2(d); for savings and transitional provisions see arts 4, 6.
 Sub–s (1): substituted, for sub–ss (1)–(4) as originally enacted, by the Deregulation Act 2015, s 18(5), Sch 5, Pt 1, paras 1, 9(1), (2).
  Date in force: 1 October 2015: see SI 2015/1732, art 2(d); for savings and transitional provisions see arts 4, 6.
See Further
 See further, in relation to the application of this section, with modifications, to limited liability partnerships where the auditor ceases to hold office on or after 1 October 2008: the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911, regs 2(1), (10), 46.
 See further, in relation to the application of this section to unregistered companies: the Unregistered Companies Regulations 2009, SI 2009/2436, regs 3–5, 7, 9, Sch 1, para 11(1), Sch 2, para 33(1).
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