Western Australian Consolidated Acts

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COMPANIES (CO-OPERATIVE) ACT 1943 - SECT 139

139 .         Powers and duties of auditors

        (1)         The auditors shall make a report to the members on the accounts examined by them, and on every balance sheet and profit and loss account or income and expenditure account laid before the company in general meeting during their tenure of office, and the report shall state —

            (a)         whether or not they have obtained all the information and explanations they have required; and

            (b)         whether, in their opinion, the balance sheet referred to in the report is properly drawn up, and exhibits a true and correct view of the state of the company’s affairs and the profit and loss account is properly drawn up so as to exhibit a true and correct view of the results of the business of the company for the year, or the income and expenditure account is properly drawn up so as to exhibit a true and correct view of the income and expenditure of the company for the year according to the best of their information and the explanations given to them and as shown by the books of the company; and

            (c)         whether in their opinion the register of members and other records which the company is by law or by its articles required to keep, have been properly kept; and

            (d)         whether in their opinion the amount set down for depreciation and/or for bad and doubtful debts is, having regard to the nature of the business, sufficient.

        (2)         Every auditor of a company shall have a right of access at all times to every minute book of the company, directors or managers, and all other books and accounts and vouchers of the company, and shall be entitled to require from the directors and officers of the company such information and explanation as may be necessary for the performance of the duties of the auditors.

        (3)         The auditors of a company are entitled to attend a general meeting of the company and to receive all notices of and other communications relating to a general meeting which a member of the company is entitled to receive and are entitled to be heard at a general meeting which they attend on any part of the business of the meeting which concerns them as auditors.

        (4)         A majority of members personally present at any general meeting of the company may request the attendance of the company’s auditor at the meeting for the purpose of making any explanation in respect of his report or the company’s accounts which the members desire, and for that purpose may adjourn the meeting to any time and place.

        (5)         Every auditor of a company shall use reasonable diligence with the view of ascertaining that the books of the company have been properly kept and record correctly the affairs and transactions of the company, and that the assets and securities of the company do in fact exist and are in proper custody or under proper control.

        (6)         Every auditor of a company who neglects to discharge the duties above in this section more particularly set out shall, apart from any liability which by any rule of law attaches to the discharge of the duties of his office, be liable to a penalty of not exceeding $200.

        [Section 139 amended by No. 73 of 1953 s. 4; No. 113 of 1965 s. 8(1).]



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