457. Appointment of auditors of LLPs: general
Past version: effective from 21/10/2015 - 20/10/2015
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(1) An auditor or auditors of an LLP must be appointed for each financial year of the LLP, unless the members reasonably resolve otherwise on the ground that audited accounts are unlikely to be required.
(2) For each financial year for which an auditor or auditors is or are to be appointed (other than the LLP's first financial year), the appointment must be made before the end of the period of 28 days beginning with —
(a) the end of the time allowed for sending out copies of the LLP's annual accounts and reports for the previous financial year (see section 405 (duty to circulate copies of annual accounts and auditor's report)), or
(b) if earlier, the day on which copies of the LLP's annual accounts and reports for the previous financial year are sent out under section 405 (duty to circulate copies of annual accounts and auditor's report).
This is the "period for appointing auditors".
(3) The members may appoint an auditor or auditors of the LLP —
(a) at any time before the LLP's first period for appointing auditors,
(b) following a period during which the LLP (being exempt from audit) did not have any auditor, at any time before the LLP's next period for appointing auditors, or
(c) to fill a casual vacancy in the office of auditor.
(4) The members may appoint an auditor or auditors —
(a) during a period for appointing auditors,
(b) if the LLP should have appointed an auditor or auditors during a period for appointing auditors but failed to do so, or
(c) where the members had power to appoint under subsection (3) but have failed to make an appointment.
(5) An auditor or auditors of an LLP may only be appointed —
(a) in accordance with this section,
(b) in accordance with section 458 (default power of Registrar), or
This is without prejudice to any deemed re-appointment under section 459 (term of office of auditors of LLPs).