COMPANIES ACT, 1929

633

(2) If an appointment of auditors is not made at an annual
general meeting, the Board of Trade may, on the application of any
member of the company, appoint an auditor of the company for the
current year.

(3) A person, other than a retiring auditor, shall not be capable
of being appointed auditor at an annual general meeting unless
notice of an intention to nominate that person to the office of auditor
has been given by a member to the company not less than fourteen
days before the annual general meeting, and the company shall
send a copy of any such notice to the retiring auditor, and shall
give notice thereof to the members, either by advertisement or in
any other mode allowed by the articles, not less than seven days
vefore the annual general meeting:
Provided that if, after notice of the intention to nominate an
auditor has been so given, an annual general meeting is called for a
date fourteen days or less after the notice has been given, the notice,
though not given within the time required by this subsection, shall
be deemed to have been properly given for the purposes thereof,
and the notice to be sent or given by the company may, instead of
being sent or given within the time required by this subsection, be
sent or given at the same time as the notice of the annual general
meeting.

(4) Subject as hereinafter provided, the first auditors of the
company may be appointed by the directors at any time before the
first annual general meeting, and auditors so appointed shall hold
office until that meeting:
Provided that—

(a) the company may at a general meeting of which notice
has been served on the auditors in the same manner as
on members of the company remove any such auditors and
appoint in their place any other persons being persons
who have been nominated for appointment by any
member of the company and of whose nomination notice
has been given to the members of the company not less
than seven days before the date of the meeting; and
if the directors fail to exercise their powers under this
subsection, the company in general meeting may appoint
the first auditors, and thereupon the said powers of the
directors shall cease.

b)

(5) The directors may fill any casual vacancy in the office of
auditor, but while any such vacancy continues the surviving or
continuing auditor or auditors, if any, may act.

(6) The remuner: tion of the auditors of a company shall be
fixed by the company in general meeting, except that the remunerasion
 of an auditor appointed before the first annual general meeting,
or of an auditor appointed to fill a casual vacancy, may be fixed
by the directors, and that the remuneration of an auditor appointed
by the Board of Trade mav be fixed by the Board.