Casual vacancy - auditor

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ROHIT (Querist)
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19 November 2015 Please suggest the steps We need to follow on following issues:-

The Auditor has resigned from a pvt ltd company due to personal incompetence. the BOD has approached a new auditor to fill the casual vacancy & he has accepted it.

What are the compliance procedure for MCA Filings for both company & new Auditor.

Amol S Joglekar

Amol S Joglekar (Expert)
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19 November 2015 Sectio 139(8) of Companies Act, 2013 deals with such matter:-
a. The Board of Directors may fill any casual vacany in the office of an auditor within 30 days.
b. If any casual vacancy in the office of an auditor is caused by the resignation of an auditor , such vacancy shall only be filled by the company in the general meeting convened within 3 months of the recommendation of Board.
c. Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
d. In case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor General of India, be filled by the Comptroler and Auditor General of India within 30 days. If vacancy is not filled by the Comptroller and Auditor General of India within 30 days, the Board of Directors shall fill the vacancy within next 30 days.

Section 140 (2) read with rule 8 of the Companies ( Audit and Auditors) Rules 2014, the auditor who has resigned from the company shall file a statement in the Form ADT-3 within a period of 30 days from the date of resignation with the company and the Registrar, and in case of Govt company, the auditor shall also file such statement with the Comptroller and Auditor General of India, indicating the reasons and other facts as may be relevant with regard to his resignation.

you can follow the link

http://www.forum.charteredclub.com/threads/procedure-in-case-of-casual-vacancy-of-auditor.2402/