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Form 342 Application for consent to resign as an auditor
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- 5/4/2010
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Document Sample
Australian Securities &
Investments Commission
Form 342
Corporations Act 2001
s329(5)
Application for consent to resign as an auditor
Refer to Australian Securities and Investments Commission (ASIC) Policy Statement 26 before completing this form.
Related forms:
315 Notification of resignation, cessation or removal of auditor
If there is insufficient space in any section of the form, you may photocopy the relevant page(s) and submit as part of this lodgement
Company details Company name
ACN/ABN
Lodgement details Who should ASIC contact if there is a query about this form?
Name
ASIC registered agent number (if applicable)
Telephone number
Postal address
Auditor details Auditor registration number (for individual auditor or authorised audit company)
Family name Given name
or
Company name
ACN/ABN
or
Firm name (if applicable)
Postal address
ASIC Form 342 12 February 2007 Page 1 of 2
Statement by auditor
I apply for ASIC's consent to resign as auditor of the above-named company and state the following:
• All Section 311 matters have been reported to ASIC at the date of this application and any further Section
311 matters which come to my attention before resignation will be reported.
• Other than stated in the annexure to this form, there are no disputes with company management connected
with my ceasing to hold office.
• Other than stated in the annexure to this form, in my opinion there are no circumstances connected with my
ceasing to hold office which should be brought to ASIC's attention.
• If the company concerned holds an Australian Financial Services Licence - all Section 990K matters have
been reported at the date of this application and any further Section 990K matters which come to my
attention before resignation will be reported.
The reasons for the application are:
I enclose an annexure of " " pages. (State "nil" if there is no annexure).
Tick one box only Please indicate when you wish the resignation to take effect:
At the company's next AGM, which is to be held on / /
[D D] [M M] [Y Y];
or
On a date other than the company's next AGM.
If you wish the resignation to take effect at a date other than the company's next AGM, ASIC will not grant its
consent unless exceptional circumstances exist. You will need to provide the following additional information in
an annexure to this form:
(a) details of the exceptional circumstances (see ASIC Policy Statement 26 for examples of exceptional
circumstances)
(b) an explanation as to why a date other than the next AGM is appropriate
(c) a copy of a directors' resolution appointing a replacement auditor subject to ASIC's approval of your
resignation
(d) confirmation from the proposed replacement auditor stating that he or she is prepared to accept the
appointment subject to ASIC's approval of your resignation.
I certify that the information in this form is true and complete.
Signature
This form must be signed by:
• the individual auditor; or Name
• if the auditor is a firm, by a registered
ASIC auditor of the firm; or
• in the case of an authorised audit Signature
company, by a current officeholder.
Capacity
Auditor
Authorised audit company officeholder
Date signed
/ /
[D D] [M M] [Y Y]
Lodgement Send completed and signed forms to: For help or more information
Australian Securities and Investments Commission, Telephone 03 5177 3988
PO Box 4000, Gippsland Mail Centre VIC 3841. Email info.enquiries@asic.gov.au
Web www.asic.gov.au
ASIC Form 342 12 February 2007 Page 2 of 2
Australian Securities &
Investments Commission
Form 342
Corporations Act 2001
s329(5)
Guide:
Application for consent to resign as an auditor
This guide does not form part of the form. It is included by ASIC to assist you in completing and lodging the Form 342.
Refer to Australian Securities and Investments Commission (ASIC) Policy Statement 26 before completing this form.
Related forms:
315 Notification of resignation, cessation or removal of auditor
Signature This form must be signed by:
• the individual auditor; or
• if the auditor is a firm, by a registered ASIC auditor of the firm; or
• in the case of an authorised audit company, by a current officeholder.
Lodgement fees $33 (lodged with application)
A receipt will not be issued unless requested
Lodgement period Nil (should be lodged at least 3 weeks prior to company’s AGM)
Additional information ASIC's consent is not required for an auditor to resign if the company concerned is a proprietary (PTY) company
unless the company holds an Australian Financial Services licence. If this is the case, refer to the information sheet
Appointment and cessation of an auditor of an Australian Financial Services Licensee (natural person, partnership,
non-corporate trustee, or proprietary company) at www.asic.gov.au/infosheets.
Timing
ASIC's consent to an auditor's resignation cannot be back-dated. The resignation can only take effect on the day that
ASIC grants its consent, or on a later date set by ASIC or the auditor in the notice of resignation.
If the resignation is to take effect at the company's next AGM, the application for ASIC's consent to resign should
be lodged at least three (3) weeks before the date on which the AGM is to be held. If the application is not lodged
and approved before the AGM is held, the resignation cannot take effect at that AGM. The auditor will need to apply
for ASIC's consent to resign either at the company's next AGM or before the next AGM (in which case exceptional
circumstances would need to exist).
Do not proceed on the assumption that ASIC's consent will be automatically granted.
If ASIC does not grant its consent to the resignation, the applicant will continue to hold office as the company's auditor.
Procedure
The auditor is required by s329(5) to advise the company in writing that the application has been made.
ASIC will advise the auditor and the company in writitng of the result of the application.
If ASIC's consent has been given, the auditor is then required by s329(5) to give written notice of the resignation to the
company. This notice cannot be given to the company until after ASIC's consent has been received.
Within 14 days after the company receives the notice of resignation from the auditor, the company is required by
s329(11) to lodge a Form 315 Notification of resignation, cessation or removal of auditor.
Exceptional circumstances
ASIC Policy Statement 26 Resignation of auditors (see www.asic.gov.au/ps) sets out details of when ASIC will grant
an application for consent to resign as auditor and contains some examples of situations which may be considered as
exceptional circumstances.
ASIC Form 342 Guide 20 December 2005 Page 1 of 2
Additional information An application made as a result of a tender will not be granted if the resignation does not take effect at the company's next
... Continued AGM, as it is not considered that exceptional circumstances exist in that case.
To assist your understanding of other requirements for changing company auditors, the following Information Sheets are
available from ASIC at www.asic.gov.au/infosheets:
• Resignation of an auditor under the Corporations Act 2001
• Removal of an auditor under the Corporations Act 2001
• Appointment and cessation of an auditor of an Australian Financial Services Licensee (natural person, partnership,
non-corporate trustee, or proprietary company
• Resignation and removal of auditors of registered schemes or compliance plans
Lodgement details To estimate the time taken to complete the form (on the cover page), please include;
• The time actually spent reading the instructions, working on the question and obtaining the information
• The time spent by all employees in collecting and providing this information
How to provide additional Photocopied Form 342 pages
information If there is insufficient space in any section of the form, you may photocopy the relevant page(s) and submit as part of this
lodgement.
Annexures
If there is insufficient space in any section of the form, you may alternately submit annexures as part of this lodgement.
To make any annexure conform to the regulations, you must
1. use A4 size paper of white or light pastel colour with a margin of at least 10mm on all sides
2. show the company name and ACN or ARBN
3. number the pages consecutively
4. print or type in BLOCK letters in dark blue or black ink so that the document is clearly legible when photocopied
5. mark the annexure with an identifying letter or symbol eg a,b,c or 1,2,3 etc.
6. endorse the annexure with the words:
This annexure (mark) of (number) pages referred to in form (form number and title)
7. sign and date the annexure
The annexure must be signed by the same person(s) who signed the form.
Send completed and signed forms to: For help or more information
Lodgement
Australian Securities and Investments Commission, Telephone 03 5177 3988
PO Box 4000, Gippsland Mail Centre VIC 3841. Email info.enquiries@asic.gov.au
Web www.asic.gov.au
ASIC Form 342 Guide 20 December 2005 Page 2 of 2
