Audior appointment

This query is : Resolved

Guest

Guest (Querist)

25 January 2015 Casual vacancy due to resignation filled by board and approved by the co. in General Meeting. in this case, is co. reqd to file ADT-1 with ROC??

CA Anjana Grover

CA Anjana Grover (Expert)
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26 January 2015 since an auditor is appointed by the board in place of existing auditor the regulator (ROC) should be intimated of the same and consent, certificate should also be obtained so as to prove that board has acted diligently.

Following Procedure should be followed:

Intimate the proposed auditor(s) regarding the intention of appointing him/it as auditor and ask whether he/ it is eligible and not disqualified to be appointed as auditor of the company.
Obtain consent & certificate from auditor.
If Audit Committee required to be constituted under section 177, then obtain its recommendation (Section 139(11)).
Call Board meeting.
Approve the appointment of auditor in casual vacancy at the Board meeting.
Intimate the Auditor and file with ROC form ADT-1(to be attached in form GNL-2 as per MCA circular 09/2014 dated 25th April, 2014) within 15 days.

CA MAYANK WADHERA

CA MAYANK WADHERA (Expert)
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26 January 2015 I really appreciate Anjana ji's response for the knowlege she has on procedure/compliance part, but a small correction is there that now Form ADT-1 is available as an e-form so kindly file Form ADT-1 on MCA21 portal.

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