Companies Act, 1990

Duty of auditors if proper books of account not being kept.

194.—(1) If, at any time, the auditors of a company form the opinion that the company is contravening, or has contravened, section 202 by failing to cause to be kept proper books of account (within the meaning of that section) in relation to the matters specified in subsections (1) and (2) of that section, the auditors shall—

(a) serve a notice on the company as soon as may be stating their opinion, and

(b) not later than 7 days after the service of such notice on the company, notify the registrar of companies in the prescribed form of the notice.

(2) Where the auditors form the opinion that the company has contravened section 202 but that, following such contravention, the directors of the company have taken the necessary steps to ensure that proper books of account are kept as required by that section, subsection (1) (b) shall not apply.

(3) This section shall not require the auditors to make the notifications referred to in subsection (1) if they are of opinion that the contraventions concerned are minor or otherwise immaterial in nature.

(4) A person who contravenes subsection (1) shall be guilty of an offence.