Noc from outgoing auditor

This query is : Resolved

mohit pathak (Querist)
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02 February 2018 Dear Fellow,
I case of filling a Casual vacancy arising due to Resignation, what is the right time to ask for NOC from outgoing Auditor by the Incoming Auditor?

1) Before giving Consent Letter and Certificate
or
2) After 1 but before Board meeting Appointing/Recommending theNew Auditor.
or
3) After2 but before receipt of Letter of Appointment approved by members in EGM.
or
4) After receipt of Letter of Appointment approved by members in EGM.

CS Vishal Mehta

CS Vishal Mehta (Expert)
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02 February 2018 Outgoing Auditor may resign at any time by filing Form ADT-3 and attaching resignation letter u/s 140(2) of the Companies Act, 2013 within 30 days from the date of Resignation, failing which shall be punishable with fine from Rs. 50,000 to Rs. 5 lacs u/s. 140(3) of the Companies Act, 2013.

So Incoming Auditor can give Consent Letter and Certificate only after proper resignation and filing of Form ADT-3 by outgoing Auditor based upon the request and intimation letter from the Company.