12 July 2014
Appointment of first auditor a Company, other than a Govt. Company, is governed by section 139(6) of the Companies Act, 2013.
As per section 139(6) of the Companies Act, 2013, the first auditor of a company, other than a Government company, shall be appointed by the Board of Directors within thirty days from the date of registration of the company.
In the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.
12 July 2014
Thanks Mr. Ankur for quick reply but if the company is formed before 1/4/14, are the provisions of companies Act, 2013 applicable and secondly please let me know if the auditor is required to file form 23B as f
12 July 2014
Thanks Mr. Ankur for quick reply but if the company is formed before 1/4/14, are the provisions of companies Act, 2013 applicable and secondly please let me know if the auditor is required to file form 23B as first auditor need not to file from 23B and company also need not to inform ROC.
12 July 2014
Form 23B has been discontinued by MCA. Further In your case Companies Act, 2013 will be applicable or else you have to hold your first board meeting before April 01, 2014.
Still appointment authority and time limit is same as per section 224(5) of CA 1056.
12 July 2014
Form 23B has been discontinued by MCA in CA, 2013. In CA, 2013, first auditor is to be appointed by the board of directors. As per my understanding there is no need to intimate ROC in case of first auditor.The position was same even in case of CA, 1956.
As per section 139(1), Auditor appointed at the AGM is to be intimated by the Company to the ROC within 15 days of appointment through filing of form ADT.1.
Form ADT.1 is to be filed through E-form GLN.2. Kindly refer MCA General Circular No. 9/2014 dated April 25, 2014.
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