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Companies Act

751. Duty of auditor to notify appropriate audit authority

Edition: 2024-12-27 · In force

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751. Duty of auditor to notify appropriate audit authority

(1)An auditor who ceases to hold office before the end of the term for which the auditor was appointed shall notify the appropriate audit authority.
(2)The auditor shall state in the notice that the auditor has ceased to hold office, and shall enclose with, or attach to, it a copy of the statement lodged by the auditor at the company's registered office in accordance with section 748.
(3)If the statement so lodged is to the effect that the auditor considers that there are no circumstances arising from the auditor's ceasing to hold office that need to be brought to the attention of members or creditors of the company, the auditor shall enclose with, or attach to, the notice a statement of the reasons for the cessation of office.
(4)The auditor shall comply with the requirements of this section at the same time as the auditor lodges a statement at the registered office of the company in accordance with section 748.
(5)A person who, having ceased to hold office as auditor, fails to comply with a requirement of this section commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings.
(6)In proceedings for an offence under subsection (5), it is a defence for the person charged with the offence to establish on a balance of probabilities that the person took all reasonable steps and exercised all due diligence to comply with the relevant requirement.
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Source: Kenya Law