EASYOFFICE
EASYOFFICE

Appoinment of auditor in case of casual vacancy


04 August 2014 Dear All

Please helpme to know that how to appoint autitor in case of casuaL vacancy in case of death.


And please explain the time limit.

If company fails to appoint with in 30 days then what is further procedure and penalty

05 August 2014
Section 139(8)of the Companies Act 2013

The provisions for filling of casual vacancy in the office of auditor
are as follows :
(a) The Board of the company shall have power to fill the casual vacancy in the office of auditor within 30 days in any case except where the casual vacancy occurred due to resignation of the
auditor.

In your case, since causal vacany has arised due to death of Auditor, Board of directors can appoint auditor.

PUNISHMENT FOR CONTRAVENTION – Section 147


For the Company
1. If any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than Rs. 25,000 but which may extend to Rs. 5,00,000 and every officer in default shall be punishable with imprisonment for a term which
may extend to 1 year or with fine which shall not be less than Rs. 10,000 but which may extend to Rs. 1,00,000 or
with both.

07 August 2014 Respected Sir

If company comes to know about death on a letter date then wtha remiddes available.

Is there any practile soluation for the same.


07 August 2014 Yes.
Convene a board meeting and pass a resolution to fill the casual vacancy arising out of death of auditor.

07 August 2014
Respected Sir

But 30 days completed date of Death is 4-4-2014.

So from which date is consoder for vacancy on death or when board intimate about death.

07 August 2014 According to my view, 30 days to be counted from the date when company has received the information about death of auditor

07 August 2014

Sir

What roc filing is needed for the same

Is resoluation with MGT - 14 is enough to file or ADT - 1 with GNl also have to file.



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