14 September 2016
As per section 139(6) the first auditor of the company shall be appointed by the Board within 30 days of Incorporation. In case of Board’s failure, an EGM shall be called within 90 days to appoint the first auditor.
THE COMPANY HAS FAILED TO APPOINT AUDITOR WITHIN 30 DAYS. MY QUERY IS 1. CAN WE APPOINT HIM BY FILING A BACK DATED FORM BY TAKING A BOARD MEETING. 2. AND IF NOT WE WILL CONDUCT THE EGM SO DOES THAT REQUIRE FILING MGT-14. 3. 90 DAYS TO BE COUNTED FROM EXPIRY OF 30 DAYS OR INCORPORATION.
15 September 2016
With a strict interpretation of the provisions of Section 139 and rule 4. the company is not required to file Form ADT-1 when it appoints First Auditor u/s 139(6). Hence, you do not need to file Form ADT-1 in your case..
Even if you are appointing an First Auditor in EGM within 90 days, you never require to file MGT-14 because appointing an Auditor is not a special resolution.
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