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Appointment Of Auditor Resolution for Malta

Appointment Of Auditor Resolution Template for Malta

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Appointment Of Auditor Resolution

"I need an Appointment of Auditor Resolution for our Maltese trading company to appoint Ernst & Young as our new auditors from March 1, 2025, replacing PwC who resigned due to a conflict of interest."

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Appointment Of Auditor Resolution

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What is a Appointment Of Auditor Resolution?

The Appointment of Auditor Resolution is a crucial corporate document required under Maltese law for companies that need to appoint or reappoint their statutory auditors. This document is typically prepared annually or when there is a change in auditors, in accordance with the Maltese Companies Act (Cap. 386). It forms part of a company's essential corporate records and demonstrates compliance with legal requirements for having properly appointed auditors. The resolution must include specific details about the appointed auditor's qualifications, independence, and terms of engagement, while ensuring compliance with both local and EU regulatory requirements. For regulated entities, additional considerations and notifications to the Malta Financial Services Authority may be required.

What sections should be included in a Appointment Of Auditor Resolution?

1. Title and Date: Formal title of the resolution and date of passing

2. Company Details: Full legal name, registration number and registered address of the company

3. Meeting Details: Type of meeting (board/shareholders), location, time, and quorum confirmation

4. Attendees: List of directors/shareholders present and method of attendance (in person/virtual)

5. Background: Context for the appointment (e.g., annual requirement, filling vacancy, rotation)

6. Confirmations: Confirmation of auditor's qualifications, independence, and consent to act

7. Resolution: The formal resolution text appointing the auditor, including term and remuneration

8. Execution: Signature block for chairman/company secretary and date of execution

What sections are optional to include in a Appointment Of Auditor Resolution?

1. Previous Auditor Details: Required when replacing an existing auditor, including reason for change

2. Regulatory Notifications: Include when specific notifications to regulators are required (e.g., for listed companies)

3. Special Considerations: Any special terms or conditions of appointment, if applicable

4. Group Company Provisions: Include for companies that are part of a group structure requiring coordinated audit appointments

What schedules should be included in a Appointment Of Auditor Resolution?

1. Auditor Qualification Certificate: Copy of the appointed auditor's professional qualifications and registrations

2. Independence Declaration: Written declaration from the auditor confirming their independence

3. Engagement Terms: Summary or reference to the key terms of engagement

4. Previous Auditor Resignation Letter: If applicable, letter from outgoing auditor confirming their resignation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Manufacturing

Retail

Technology

Healthcare

Real Estate

Professional Services

Tourism and Hospitality

Transportation and Logistics

Energy

Telecommunications

Gaming

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Education

Relevant Teams

Legal

Finance

Corporate Secretariat

Compliance

Risk Management

Corporate Governance

Administrative

Board of Directors

Audit Committee

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Governance Officer

Finance Director

Board Director

Compliance Officer

Financial Controller

Audit Committee Chair

Risk Manager

Corporate Services Manager

Managing Director

Administrative Officer

Governance Specialist

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