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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 17 June 2016 - onwards
Version 3 of 3

Regulation 45 Rights of auditor not re-appointed

(1) Sections 515 to 518 apply to LLPs, modified so that they read as follows -

"515. Failure to re-appoint auditor: rights of auditor who is not re-appointed

(1) If an LLP wishes to appoint a person as auditor in place of a person who is an auditor of the LLP and who is to cease to hold office at the end of a period for appointing auditors (the "outgoing auditor"), the LLP must give the outgoing auditor seven days' notice; no person may be appointed as auditor in the absence of such notice.

But notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510, 511A or 516.

(2) The outgoing auditor may, in response to receipt of a notice given under subsection (1), make representations in writing to the LLP (not exceeding a reasonable length) and request their notification to members of the LLP.

(3) The LLP must upon receipt send a copy of the representations to every member.

(4) Copies of the representations need not be sent out if, on the application either of the LLP or of any other person claiming to be aggrieved, the court is satisfied that the auditor is using the provisions of this section to secure needless publicity for defamatory matter.

The court may order the LLP's costs (in Scotland, expenses) on the application to be paid in whole or in part by the auditor, notwithstanding that he is not a party to the application.