15 September 2009
SIRS , IN AN PVT LTD COMPANY , IF THE AGM IS NOT HELD ,DUE TO SOME REASONS & COULDNOT FILE ANNUAL RETURNS , & NOW COMPANY WANT TO REMOVE THE PREVIOUS AUDITOR & PREVIOUS AUDITORS RIGHTS AS AN AUDITOR CONTINUE , UNTILL AGM IS HELD , FURTHUR , IF, PREVIOUS AUDITOR REFUSES TO GIVE NOC (BACK DATED) & AGREES TO GIVE NOC AT CURRENT DATE , WHAT IS THE SOLUTION FOR THE BOARD & THE NEW AUDITOR PROPOSED TO BE APPOINTED ?
17 September 2009
I don't think any remedy is there. An auditor can be only appointed in an AGM unless there is casual vacancy when BOD can appoint. Of course in an Pvt Ltd co. an AGM is nothing but a formality,