Auditor Termination Letter for the United Kingdom

Auditor Termination Letter Template for England and Wales

An Auditor Termination Letter is a formal document used under English and Welsh law to officially end an audit engagement. It must comply with the Companies Act 2006 and relevant professional standards, including specific notice requirements and statutory declarations. The letter serves as official documentation of the termination and may need to be filed with Companies House and other regulatory bodies depending on the company's status.

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What is a Auditor Termination Letter?

An Auditor Termination Letter is used when a company needs to formally end its relationship with its external auditors. The document must comply with English and Welsh law, particularly the Companies Act 2006 and professional standards set by regulatory bodies such as the FRC and ICAEW. The letter should detail the termination date, reasons if appropriate, and any statutory declarations required. It's particularly important to ensure proper documentation as auditor changes may need to be reported to Companies House, shareholders, and in some cases, regulatory authorities.

What sections should be included in a Auditor Termination Letter?

1. Recipient Details: Full company name, registered address, and appropriate addressee (usually the Board of Directors or Company Secretary)

2. Reference Line: Clear identification of the audit engagement being terminated, including relevant period and appointment date

3. Notice of Termination: Formal statement of termination, citing effective date and relevant statutory provisions

4. Reason for Termination: Brief explanation of termination reasons, ensuring compliance with professional standards and statutory requirements

5. Statutory Requirements: Reference to Companies Act 2006 provisions and confirmation of compliance with legal obligations

What sections are optional to include in a Auditor Termination Letter?

1. Transition Arrangements: Details of handover process and cooperation with successor auditor, included when there is a known successor

2. Fee Settlement: Details of outstanding fees and payment arrangements, included when fees remain unpaid

3. Professional Statements: Required statements for listed companies or when circumstances need shareholder attention

What schedules should be included in a Auditor Termination Letter?

1. Statement of Circumstances: Detailed explanation of circumstances connected with ceasing to hold office (Section 519 Companies Act)

2. Outstanding Matters Schedule: Comprehensive list of incomplete audit work or unresolved issues requiring attention

3. Fee Schedule: Detailed breakdown of outstanding fees and completed work requiring payment

How do you draft an auditor termination letter?

To draft an auditor termination letter in the UK, it's advisable to maintain a professional and courteous tone. Begin by stating the purpose of the letter, which is to formally terminate the auditor's services. Provide the effective date of termination and express gratitude for their work. If applicable, mention any outstanding payments or invoices that need to be settled. Avoid criticising the auditor's performance unless there were serious concerns. Conclude by wishing them well in their future endeavours. Remember to have the letter reviewed by a legal professional before sending it to the auditor.

Is keyword mandatory to inform auditors formally in writing?

When terminating an auditor's services, it is generally recommended to inform them formally in writing, although the specific legal requirements may vary depending on the jurisdiction and the terms of the engagement. In the United Kingdom, while there is no statutory obligation to provide a termination letter, it is considered best practice to do so. A formal termination letter helps to clearly communicate the decision, establish a record, and avoid potential misunderstandings or disputes. It also demonstrates professionalism and provides an opportunity to express gratitude for the auditor's services. However, it is advisable to review any contractual agreements or seek legal counsel to ensure compliance with applicable laws and regulations.

What should be included in an auditor termination notice?

An auditor termination notice should clearly state the effective date of termination and the reasons behind the decision. It should also outline any outstanding obligations or deliverables that the auditor must complete before their departure. The notice should be professional and courteous, expressing gratitude for the auditor's service. If applicable, it should mention the return of company property, such as laptops or access cards. Additionally, the notice should provide instructions on how the auditor can obtain their final pay and any accrued benefits. While not legally required, it's advisable to include a brief explanation for the termination to maintain a positive relationship.

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Companies Act 2006 - Auditor Provisions: Sections 510-512 cover resignation and removal of auditors, Section 516 details required notices, and Section 519 outlines statements required from departing auditors. Includes requirements for filing with Companies House.

Audit Regulations and Guidance: Compliance requirements from Financial Reporting Council (FRC), International Standards on Auditing (UK), and Ethical Standards for Auditors.

Professional Standards: Guidelines from Institute of Chartered Accountants in England and Wales (ICAEW) and requirements from other relevant professional bodies governing auditor conduct and responsibilities.

Corporate Governance Code: For listed companies, compliance requirements with the UK Corporate Governance Code, including specific audit committee requirements.

Market Rules: Specific requirements from London Stock Exchange and FCA regulations regarding change of auditors, particularly relevant for listed companies.

Data Protection Laws: UK GDPR and Data Protection Act 2018 requirements regarding handling of sensitive information during auditor transition.

Notice Period Requirements: Statutory and contractual requirements regarding timing and notice periods for auditor termination.

Handover Obligations: Professional requirements for proper handover of audit materials, working papers, and ongoing matters to successor auditors.

Confidentiality Requirements: Ongoing obligations regarding confidentiality of client information post-termination and during transition period.

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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