31 October 2013
One of my client wants to appoint my firm as an statutory auditor of a Pvt Ltd Company for Financial Year 2012-13.
My query is; 1. What are the terms, conditions and procedure followed by new auditor as per companies act, 2013?
2. Can my firm be appointed as an auditor before 5 years tenure of the current auditor? Applicability of 5 yrs tenure would be levied on this appointment or not?
31 October 2013
Procedure to file Form 23B (Appointment of Auditor)
1. The company will appoint an statutory auditor at annual general meeting 2. Send letter of appointment to auditor within seven days from the appointment. 3. The auditor give letter of acceptance as auditor to the company. 4. The auditor also intimate ROC in Form 23B within 30 days from the date of acceptance of letter of appointment. 5. Form 23B can be download from www.mca.gov.in 6. Letter of appointment will be attached with Form 23b. 7. The SRN no will be generated with fee.
31 October 2013
Procedure to file Form 23B (Appointment of Auditor)
1. The company will appoint an statutory auditor at annual general meeting 2. Send letter of appointment to auditor within seven days from the appointment. 3. The auditor give letter of acceptance as auditor to the company. 4. The auditor also intimate ROC in Form 23B within 30 days from the date of acceptance of letter of appointment. 5. Form 23B can be download from www.mca.gov.in 6. Letter of appointment will be attached with Form 23b. 7. The SRN no will be generated with fee.
Please suggest me what is the procedure for the resignation of existing auditor as the company has already appointed the auditor on September 2012 for Financial Year 2012-13.
Now they wants to appoint my firm as an statutory Auditor for F.Y.2012-13.
What is the procedure for resignation of existing auditor and what are the precautions taken by new Auditor.
31 October 2013
Procedure to Appoint of Auditor and file Form 23B (Appointment of Auditor)
1. The Company will call a Board Meeting after resignation of auditor to accept resignation of old auditor, fill a casual vacancy by new auditor and call a general meeting. 2.The company will appoint new statutory auditor at general meeting 3.Send letter of appointment to auditor within seven days from the appointment. 4. The auditor give letter of acceptance as auditor to the company and send a copy of the same to the old auditor of his appointment. 5. The auditor also intimate ROC in Form 23B within 30 days from the date of acceptance of letter of appointment. 6. Form 23B can be download from www.mca.gov.in 7. Letter of appointment will be attached with Form 23b. 8. The SRN no will be generated with fee.
31 October 2013
Specimen of General meeting resolution for filing the casual vacancy caused by resignation of the auditors
The Chairman took the matter for appointment of M/s Bhorkar & Kulkarni, Chartered Accountants, Indore, in place of M/s Maheshwari & Gupta, Chartered accountant, the retiring Auditors who have expressed their unwillingness for re-appointment and who has to vacate their office at the conclusion of this Meeting.
The Chairman informed that the Company has obtained an eligibility letter from M/s Bhorkar & Kulkarni in terms of section 224(1B) of the Companies Act, 1956 and proposed the resolution for approval of the members:
RESOLVED THAT M/s Bhorkar & Kulkarni, Chartered Accountants of Indore, be and are appointed as the Auditors of the Company, in place of M/s Maheshwari & Gupta, Chartered Accountants, to hold the office of Auditors from the date of this Meeting to the conclusion of the next Annual General Meeting of the Company on such remuneration and out of pocket expenses as may be decided by the Board.
Explanatory Statement
M/s Maheshwari & Gupta, Chartered Accountants, the existing Auditors of the Company has resigned from the office of Auditor of the Company, therefore creating casual vacancy in the office of Auditors. The Company has received a notice from member alongwith a letter u/s 224 of the Companies Act, 1956 informing the eligibility signifying his intention to appoint M/s Bhorkar & Kulkarni, Chartered Accountants, to fill the casual vacancy.
In terms of the provision of section 225 of the Companies Act, the appointment of Auditors in place of existing Auditors of the Company requires the approval of General Meeting by way of Ordinary resolution.
Therefore, the Board recommend to pass necessary resolution by way of ordinary resolution to appoint M/s Bhorkar & Kulkarni, Chartered Accountants, as the casual Auditors of the Company in place of M/s Maheshwari & Gupta, Chartered Accountants to hold office of the Auditors of the Company till the conclusion of the next Annual General Meeting on the remuneration as may be fixed by the Board.
A copy of the resignation tendered by the Auditors and eligibility letter as referred elsewhere are available for inspection of the members till the date of the meeting during business hours.
None of the director of the Company is concerned or interested in the proposed resolution.
31 October 2013
Thanks You Ajay Sir for your kind reply..
The auditor is not providing any resignation letter and the company wants to remove that auditor.
Pls suggest the procedure for removal of that auditor and appointment of new and is there any time limit for removal of the existing auditor as the last date of audit has also lapsed.
Is the new auditor need to have NOC from the existing auditor? In that case
CAclubindia
