- Laws of Fiji

Last Updated: 24 June 2022

[COM 422] Public company auditor (annual appointments at AGMs to fill vacancies)422

422

(1) A public company must—

(a)appoint an auditor of the company at its first AGM; and
(b)appoint an auditor of the company to fill any vacancy in the office of auditor at each subsequent AGM.

(2) If—

(a)a vacancy occurs in the office of auditor of a public company;
(b)the vacancy is not caused by the removal of an auditor from office; and
(c)there is no surviving or continuing auditor of the company,

the directors must, within 28 days after the vacancy occurs, appoint an auditor to fill the vacancy unless the company at a general meeting has appointed an auditor to fill the vacancy.

(3) An auditor appointed under subsection (2) holds office, subject to this Part, until the company’s next AGM.

(4) If an auditor of a company is removed from office at a general meeting in accordance with section 427, the company may at that general meeting (without adjournment), by special resolution immediately appoint an auditor of the company.

(5) If a special resolution is not passed, the general meeting must be adjourned once all other business has been conducted and the directors must appoint an auditor to fill the vacancy until a general meeting can be held at which the company appoints an auditor by special resolution which must occur as soon as possible.