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Appointment Of Auditor Resolution Template for Germany

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Key Requirements PROMPT example:

Appointment Of Auditor Resolution

"I need an Appointment of Auditor Resolution for my German GmbH to appoint ABC Audit GmbH as our statutory auditor for the financial year 2025, including standard independence confirmations and basic audit scope for a manufacturing company."

Document background
The Appointment of Auditor Resolution is a crucial corporate governance document required under German law for companies subject to statutory audit requirements. It is typically prepared annually for presentation at the general shareholders' meeting, though special appointments may be needed in specific circumstances. The resolution formalizes the appointment of external auditors in accordance with the German Commercial Code (HGB) and, where applicable, the Stock Corporation Act (AktG). It must include specific details about the appointed audit firm, scope of services, and relevant financial period. This document is particularly important as it demonstrates compliance with legal requirements for auditor independence, proper appointment procedures, and corporate governance standards. It serves as official evidence of the company's compliance with statutory audit requirements and proper corporate decision-making processes.
Suggested Sections

1. Title and Date: Formal title of the resolution and date of the shareholders' meeting

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

3. Meeting Details: Type of meeting (e.g., Annual General Meeting), location, time, and quorum confirmation

4. Preamble: Brief context explaining the need for the resolution (e.g., annual appointment requirement, special audit requirement)

5. Resolution Text: Formal resolution language appointing the auditor, including full legal name and address of the audit firm

6. Audit Scope: Specification of the audit scope (e.g., annual financial statements, consolidated financial statements, period to be audited)

7. Voting Results: Documentation of the voting results including votes for, against, and abstentions

8. Signatures: Signature block for the meeting chair and secretary or notary if required

Optional Sections

1. Independence Declaration: Reference to or inclusion of the auditor's independence declaration, required for public interest entities

2. Audit Committee Recommendation: For public interest entities, inclusion of the audit committee's recommendation and preference

3. Special Audit Requirements: Any additional audit requirements beyond statutory requirements, if applicable

4. Previous Auditor Statement: Statement regarding the previous auditor's departure, required in case of auditor change

5. Fee Arrangements: Basic information about fee arrangements, if required to be included in the resolution

Suggested Schedules

1. Auditor's Declaration of Independence: Written confirmation from the appointed auditor regarding their independence and absence of conflicts

2. Audit Committee Recommendation Document: Detailed recommendation from the audit committee including their selection process and preferences

3. Scope of Services: Detailed description of audit services to be provided, including any non-audit services if applicable

4. Previous Auditor Correspondence: Any relevant correspondence or statements from the previous auditor in case of auditor change

Authors

Alex Denne

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

Relevant legal definitions




















Clauses















Relevant Industries

Financial Services

Manufacturing

Technology

Retail

Healthcare

Energy

Telecommunications

Real Estate

Transportation

Construction

Professional Services

Consumer Goods

Industrial

Agriculture

Mining

Entertainment

Education

Hospitality

Relevant Teams

Legal

Finance

Corporate Secretariat

Compliance

Internal Audit

Corporate Governance

Risk Management

Board Administration

Investor Relations

Relevant Roles

Chief Financial Officer

Corporate Secretary

General Counsel

Head of Legal

Financial Controller

Compliance Officer

Internal Audit Director

Board Secretary

Legal Counsel

Corporate Governance Officer

Audit Committee Chair

Supervisory Board Member

Management Board Member

Financial Reporting Manager

Company Secretary

Risk Management Officer

Industries






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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