Appointment of auditor

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 August 2014

A public limited co incorporated in Dec2013,has appointed its first Auditor in the SLP filed with the ROC.If the Auditor wants to resign before the co. holds its first AGM,can he do so?What is the procedure?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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05 August 2014 yes.

CASUAL VACANCY IN THE OFFICE OF AUDITOR Section 139 (8)

In case casual vacancy has occurred due to resignation of auditor, such appointment should be approved by the company in general meeting convened within 3 months of
the recommendation of the Board and auditor shall hold the office till the conclusion of the next annual general
meeting.

PROCEDURE

1. Convene a board meeting and
(1)pass a resolution to accept the resignation of auditor & fill the casual vacancy by appointment of new auditor (2) To call EGM

2. Convene a general meeting within 3 months and pass an ordinary resolution to fill the casual vacancy.

3. when an auditor has resigned from the
company, he shall file Form ADT-3 through GLN-2 with ROC within 30 days from the date of resignation.

4. On appointment of auditor to fill casual vacancy , Company shall inform the auditor concerned of his or its appointment and also file Form ADT-1 through e-form GLN- 2 within 15 days of the meeting in which the auditor is appointed.