Companies act 2013

This query is : Resolved

CA SHRAWAN KUMAR (Querist)
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01 September 2014 Dear all,
A Pvt Ltd. company Already appointed a Statutory Auditor for the F.Y.2013-14. Now company want to remove the existing auditor and appoint the new auditor.
i want to know what is the procedure under company act 2013 for removal of existing auditor and appoint of new auditor and what form to be filed with ROC in this regard.

with best regard
shrawan kumar

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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01 September 2014 Section 139(8)- The Board of the company shall have power to fill the casual
vacancy in the office of auditor within 30 day.

REMOVAL OF AUDITOR-Section 140 (1) and Rule 7

The auditor appointed under section 139 may be removed from his office before the expiry of the term only by –
(i) Obtaining the prior approval of the Central Government by filling an application in form ADT-2 within 30 days of
resolution passed by the Board
(ii) The company shall hold the general meeting within sixty days of receipt of approval of the Central Government for
passing the special resolution.
(iii) The auditor concerned shall be given a reasonable opportunity of being heard.