Section 280. Procedure to appoint auditor at a meeting of members

(1) This section applies to a resolution at a general meeting of a company the effect of which is to appoint a person as an auditor in place of an outgoing auditor.

(2) A special notice is required of such a resolution if—

(a) in the case of a private company—

(i) no period for appointing auditor has ended since the outgoing auditor ceased to hold office due to his resignation or removal; or

(ii) such a period has ended and an auditor should have been appointed but is not appointed; or

(b) in the case of a public company—

(i) no annual general meeting is held since the outgoing auditor ceased to hold office due to his resignation or removal; or

(ii) an annual general meeting is held at which an auditor should have been appointed but is not appointed.

(3) Upon receipt of notice of such a proposed resolution, the company shall immediately send a copy of the notice to the person proposed to be appointed as an auditor.