Section 203: Auditor not seeking reappointment or giving notice of resignation

203. Auditor not seeking reappointment or giving notice of resignation (1) Where an auditor gives the Board of a company written notice that he does not wish to be reappointed, the Board shall, if requested to do so by that auditor— (a) distribute to all shareholders and to the Registrar, at the expense of the company, a written statement of the auditor’s reasons for his wish not to be reappointed; or (b) permit the auditor or his representative to explain at a shareholders’ meeting the reasons for his wish not to be reappointed. (2) An auditor may resign prior to the annual meeting by giving notice to the company calling on the Board to call a special meeting of the company to receive the auditor’s notice of resignation. (3) Where a notice is given by an auditor under subsection (2), the auditor may, at the time of giving his notice to the Board, request the Board to distribute a written statement providing him or his representative with the opportunity to give an explanation on the same terms as are set out in subsection (1). (4) Where a written statement is provided for by an auditor under subsection (3), the provisions of section 202 (3) shall apply to that statement and explanation. [Issue 1] C35 – 126 Revised Laws of Mauritius (5) Where a notice of resignation is given by an auditor under this section, the appointment of the auditor shall terminate at that meeting and the business of the meeting shall include the appointment of a new auditor to the company. (6) An auditor shall be entitled to be paid by the company reasonable fees and expenses for making the representations to shareholders.