1964_COMPANIES_ORDINANCE — Page 27

(

1984 Ed.]

Companies

[CAP. 32

137

(5) Any body corporate which acts as auditor of a company shall be liable to a fine of $5.000.

Finens

Replaced, 6 of 1984, s. 94 )

140A. (1) An auditor of a company may resign his office by depositing a notice in writing to that effect at the registered office of the company; and any such notice shall operate to bring his term of office to an end on the date on which the notice is deposited or on such later date as may be specified therein.

(2) An auditor's notice of resignation shall not be effective. unless it contains either--

(a) a statement to the effect that there are no circumstances connected with his resignation which he considers should be brought to the notice of the members or creditors of the company; or

(b) a statement of any such circumstances as aforesaid.

(3) Where a notice having effect under this section is deposited at a company's registered office the company shall within 14 days send a copy of the notice--

(a) except in the case of a private company, to the Registrar:

and

(b) if the notice contained a statement under subsection (2)(b). to every person who under section 129G(1) is entitled to be sent copies of the documents there mentioned.

(4) The company or any person who claims to be aggrieved may, within 14 days of the receipt by the company of a notice containing a statement under subsection (2)(b), apply to the court for an order under subsection (5).

(5) If the court, on an application under subsection (4), is satisfied that the auditor is using the notice to secure needless publicity for defamatory matter, it may by order direct that copies of the notice need not be sent out; and the court may further order the company's costs on the application to be paid in whole or in part by the auditor, notwithstanding that he is not a party to the application.

(6) The company shall, within 14 days of the court's decision, send to the persons mentioned in subsection (3)—-

(a) if the court makes an order under subsection (5), a state-

ment setting out the effect of the order;

(b) if the court does not make an order under that subsection, a copy of the notice containing the statement under subsec- tion (2)(b).

(7) If default is made in complying with subsection (3) or (6), the company and every officer of the company who is in default shall be guilty of an offence and liable-

Resignation

of auditor.

1976 c. 69, s. 16.