19 May 2020
1) A Pvt. Ltd. co. appointed a partnership firm of 2 auditors as statutory auditor till the conclusion of the AGM of the Company to be held in the year 2020. 2) Recently a partner of the said auditor firm is died. 3) The PVT. Ltd. Co. wants to appoint new auditor. Please tell me the procedure.
19 May 2020
An existing Auditor can resign by submitting a resignation letter to the Board of Directors. An auditor who has resigned from the company is required to file Form ADT-3 within a period of 30 days from the date of resignation, indicating the reasons and other facts as may be relevant with regard to the decision for resignation.
Any casual vacancy of the auditor must be filled by the Board of Directors within 30 days. If the casual vacancy is on account of a resignation of an auditor, then the appointment of the auditor must be approved at an Extra-Ordinary General Meeting convened within 3 months of the recommendation of the Board.
20 May 2020
Many thanks for you reply. In my case status of the partnership firm is now proprietorship, as there is only one partner is alive. As per filed ADT-1". Category of Auditor - Auditor's Firm". So, in this case to appoint a new auditor what to do? Resignation letter from the live partner is reacquired or not?
20 May 2020
Many thanks for you reply. In my case status of the partnership firm is now proprietorship, as there is only one partner is alive. As per filed ADT-1". Category of Auditor - Auditor's Firm". So, in this case to appoint a new auditor what to do? Resignation letter from the live partner is reacquired or not?
21 May 2020
casual vacancy has to fulfil within a period of 30 days from the date of cessation from the position of auditor. Moreover, the appointment of such auditor is for a period of this agm only