16 October 2007
If the members of the Company delegated the power of fixing the remuneration at the time of appointment in general meeting, then it can be done by the Board of Directors.
THe appointed Auditor can resign at any time for any reasons. If he resigns, new auditor has to be appointed as per proviso to section 224(6)(a) of the Companies Act, 1956.i.e only by the shareholders in the general meeting.
16 October 2007
Sec.224(8) of the Companies Act, 1956 deals with fixation of remuneration of an auditor. Normally speaking, an auditor has right to receive his remuneration after completing his work, that is, submission of the audit report. But as a matter of professional ethics, it would not be proper for the auditor if he links delivery of the audit report conditional upon receipt of audit fees. Moreover he would not be performing his duties under the companies act, 1956 in such case. It would be better to approach the Court of Law only after submitting his audit report.