change of Auditor
This query is : Resolved
21 July 2011
Hi all
one of the joint auditors resigns from the auditorship and creating casual vaccancy, now question is that is it necessary to fill the casual vaccancy in general meeting or the company can continue with the existing auditors by resolving in the Board that the company can go ahead with the single auditors.
kindly suggest.
one of the joint auditors resigns from the auditorship and creating casual vaccancy, now question is that is it necessary to fill the casual vaccancy in general meeting or the company can continue with the existing auditors by resolving in the Board that the company can go ahead with the single auditors.
kindly suggest.
21 July 2011
No it is necessary to fill casual vaccancy in general meeting
21 July 2011
Thanks for such a prompt reply.
But can u support your answer by quoting sectins and/or decided case laws.
But can u support your answer by quoting sectins and/or decided case laws.
21 July 2011
Kindly refer section 224(6) of companies act, 1956 which says:
(6) (a) The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act:
Provided where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company in general meeting.
So while any such vacancy continues, the remaining auditor or auditors, if any, may act.
Regards
(6) (a) The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act:
Provided where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company in general meeting.
So while any such vacancy continues, the remaining auditor or auditors, if any, may act.
Regards
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21 July 2011
I agree with the experts
21 July 2011
casual vaccancy need not to be fill in general meeting. casual vaccancy can be fill in board meeting if it is not due to resignation.
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