24 Oktober 2025

Sec. 271: Appointment of Auditors (public company)

i) According to sec 271(2), an auditor can be appointed by directors 

(a) at any time before the first annual general meeting. 

(b) to fill casual vacancy in the office of the auditor.

(c) the auditor shall office until the conclusion of the next AGM


ii)  Sec 271(4), the members shall appoint an auditor by ordinary resolution, 

(a) at the annual general meeting; 

(b) if the company should have appointed an auditor at an annual general meeting but failed to do so; or 

(c) if the board fails to appoint an auditor under subsection (2)


ii.) Sec 272, Appointment by Registrar/CCM

If a company does not appoint an auditor as required under the Act, the Registrar may make the appointment upon writing application by the members of the company



Item

What the section says

Mandatory appointment

A public company must appoint an auditor for each financial year. (SSM)

Who appoints (before 1st AGM / to fill a casual vacancy)

The Board appoints: (a) any time before the first AGM, or (b) to fill a casual vacancy. (SSM)

Tenure of Board appointee

Holds office until the conclusion of: (a) the first AGM (if appointed before first AGM), or (b) the next AGM (if filling a casual vacancy). (SSM)

Who appoints (routine & fail-safe)

The members (by ordinary resolution) appoint: (a) at the AGM; (b) if the company failed to appoint at an AGM; or (c) if the Board fails to appoint under s.271(2). (SSM)

Only valid routes

An auditor of a public company may only be appointed under s.271(2) (Board) or s.271(4) (members). (SSM)

Offence

The company and every officer who contravenes s.271 commit an offence. (SSM)

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