11 April 2012
Sir, One CA firm has resign herself from statutory auditor of the private limited company due to lack of time given by the company to complete the audit as per their resignation letter. Now that client approaches my firm for being statutory auditor of that company. Can I take the audit of that pvt. ltd. company according to law. If yes, what is the procedure for the same. I am waiting for your response. Thanks in Advance
The company will call general meeting to appoint in place of her for the financial year and you will give his consent to act as statutory auditor.
There is no need to file any form with ROC for resignation and appointment of auditor.
Where the casual vacancy is caused by resignation of an auditor, the Board cannot fill up the casual vacancy but place the matter before the company in the extraordinary general meeting for appointing an auditor in respect of the casual vacancy.
The auditor appointed in a casual vacancy shall hold office till the conclusion of the next annual general meeting. If a casual vacancy arises, the remaining auditors if any, will continue to Act.
12 April 2012
Agree with expert. Also, before accepting the appointment, the new auditor has to communicate with the old auditor that he is offering himself for appointment and also whether he has got all the dues from that company.
12 April 2012
AGREE WITH ALL ABOVE... BOARD OF DIRECTOR IS EMPOWERED TO FILL THE CASUAL VACANCY ARISE IN THE OFFICE OF AUDITOR OTHER THAN RESIGNATION. IN THE CASE OF RESIGNATION, CO ONLY IN GENERAL MEETING CAN FILL CASUAL VACANCY. FOLLOWING THE CODE OF CONDUCT,NEW AUDITOR WILL COMMUNICATE TO THE PREVIOUS AUDITOR.
14 April 2012
If your CA has resigned then 1. Give appointment by calling BOD meeting 2. Fix the remuneration of the new CA 3. Clear all payments due to the outgoing CA 4. Issue the appointment letter to incoming CA 5. Let your new CA file his appointment with the ROC 6. Confirm your new CA in the AGM
06 November 2012
I WILL DISAGREE WITH AJAY MISHRA AT ONE POINT. NEW AUDITOR HAS TO INTIMATE ROC HIS APPOINTMENT AS AUDITOR BY FILING FORM 23B. ALSO NEW AUDITOR HAS TO MAKE WRITTEN COMUNICATION WITH THE OLD AUDITOR INFORMING HIM HIS APPOINTMENT AS NEW AUDITOR
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