Special Committee on the Companies (No. 2) Bill, 1987 debate -
Tuesday, 29 May 1990

SECTION 188.

Question proposed: "That section 188 stand part of the Bill."

Mr. S. Barrett

Section 188 (2A) provides that

"An auditor of a company who has been removed shall be entitled to attend

(a) the annual general meeting of the company at which, but for his removal, his term of office as auditor of the company would have expired".

That gets back to the point I was making about the item on the agenda. If you want to appoint a new auditor, would the proposal not come at the meeting to appoint a new firm of auditors, because the person who is being removed has not the right to attend the meeting.

Mr. Roche

But would this not arise because he was auditor for part of the year? Obviously, there may be queries touching on a period within a financial year for which that person was an auditor.

Mr. O'Dea

The outgoing auditor, if he is being removed, has a right to attend. As Deputy Roche said he has a right to speak on any part of the business which concerned him during his period as auditor.

Mr. S. Barrett

But he might not know until the meeting whether he has been removed.

Mr. O'Dea

He has to get notice of the proposal to remove him.

Question put and agreed to.