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Appointment Of Auditor Resolution

Appointment Of Auditor Resolution Template for Austria

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Key Requirements PROMPT example:

Appointment Of Auditor Resolution

"I need an Appointment of Auditor Resolution for my Austrian private limited company to appoint Ernst & Young as our statutory auditor for the financial year 2025, with authority to audit both individual and consolidated financial statements."

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Document background
The Appointment Of Auditor Resolution is a crucial corporate governance document required under Austrian law for companies that must undergo statutory audits. This document is typically prepared annually or when there is a need to change auditors, and must comply with the Austrian Commercial Code (UGB) and Stock Corporation Act (AktG). It is used to formally document the appointment of statutory auditors by the general meeting of shareholders, specify the scope of their duties, and confirm their independence. The resolution must include specific details about the appointed audit firm or individual auditor, the audit period, and any special requirements. It serves as an official record for regulatory compliance and must be filed with the Austrian Company Register. The document is particularly important for maintaining corporate governance standards and ensuring transparency in financial reporting processes.
Suggested Sections

1. Company Information: Full legal name of the company, registration number, and registered office address

2. Date and Type of Meeting: Specification of whether it's an annual general meeting, extraordinary general meeting, or written resolution

3. Legal Basis: Reference to relevant provisions of the Articles of Association, Austrian Commercial Code (UGB), and Stock Corporation Act (AktG)

4. Auditor Details: Full details of the appointed audit firm or individual auditor, including registration number and business address

5. Scope of Appointment: Specification of the financial year(s) for which the auditor is appointed and the scope of their duties

6. Independence Declaration: Confirmation that the appointed auditor meets independence requirements under Austrian law

7. Resolution Text: The formal wording of the resolution appointing the auditor

8. Authorization: Details of who is authorized to execute any necessary documents and notify relevant authorities

Optional Sections

1. Remuneration: Details of the auditor's fees and payment terms - optional if decided to be determined by the management board

2. Previous Auditor: Details of the retiring auditor and confirmation of proper handover - required only if changing auditors

3. Special Audit Requirements: Any additional audit requirements beyond statutory requirements - needed for special circumstances or industry-specific requirements

4. Group Audit Provisions: Additional provisions if the company is part of a group structure - only needed for group companies

5. Regulatory Notifications: Special notifications required for regulated entities - only needed for regulated companies like banks or insurance companies

Suggested Schedules

1. Independence Confirmation: Written confirmation from the auditor confirming their independence and compliance with relevant regulations

2. Auditor's Acceptance: Written acceptance of appointment from the auditor

3. Qualification Certificates: Copies of relevant qualification certificates and registrations of the audit firm/auditor

4. Fee Schedule: Detailed breakdown of audit fees and services (if not included in main resolution)

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Banking

Insurance

Manufacturing

Retail

Technology

Healthcare

Energy

Real Estate

Transportation

Telecommunications

Professional Services

Construction

Mining

Agriculture

Entertainment

Education

Non-Profit Organizations

Relevant Teams

Legal

Finance

Compliance

Corporate Governance

Internal Audit

Risk Management

Corporate Secretariat

Board Administration

Regulatory Affairs

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Governance Officer

Finance Director

Compliance Officer

Board Member

Supervisory Board Member

Audit Committee Chair

Risk Manager

Financial Controller

Corporate Secretary

Managing Director

Head of Internal Audit

Regulatory Compliance Manager

Industries
Austrian Commercial Code (Unternehmensgesetzbuch - UGB): Sections 268-283 govern statutory audit requirements, auditor independence, appointment procedures, and reporting obligations for Austrian companies
Austrian Stock Corporation Act (Aktiengesetz - AktG): Particularly sections 268-270 regarding the appointment of auditors for corporations, including the formal requirements for appointment resolutions and auditor independence
Austrian Auditor Supervision Act (Abschlussprüfer-Aufsichtsgesetz - APAG): Regulates the qualification requirements for auditors, professional standards, and quality assurance measures
EU Regulation No. 537/2014: Specific requirements regarding statutory audits of public-interest entities, including rotation requirements and prohibited non-audit services
Austrian Professional Accountants and Tax Advisors Act (Wirtschaftstreuhandberufsgesetz - WTBG): Defines the professional requirements and qualifications for auditors in Austria
Austrian Company Register Act (Firmenbuchgesetz - FBG): Contains provisions regarding the registration of appointed auditors in the company register
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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