As per the Companies Act, 2013 Casual vacancy Due to resignation should be filled by the BOD subject to approval of EGM with in 3 months. In My case, Auditor Resigned on 03/08/2018, Financials Signed on 04/09/2018 & AGM date on 28/09/2018 Please help me out on complying with the Casual vacancy Procedures & date of Meetings to be held ?
29 November 2018
1. 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. 2. Obtain consent & certificate from auditor. 3. If Audit Committee required to be constituted under section 177, then obtain its recommendation (Section 139(11)). 4. Call Board meeting ON say e.g. 04/08/2018 for the purpose of following:- • Appointment of auditor in casual vacancy. • Considering that the qualification & experience are commensurate with the size & operations of the company. • Recommending the members to approve the appointment. • Calling of EGM(to be held within 3 months from date of Board meeting) BEFORE 04/09/2018 5. Intimate the Auditor and file with ROC form ADT-1within 15 days of EGM(since the appointment is not final until approval of members).
CAclubindia
