Resignation by auditor

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

30 December 2010 what requirements are to be fulfilled if auditor of listed company resigned in between the two AGM. Whether auditor will intimate to ROC and stock exchange.

udit sharma

udit sharma (Expert)
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30 December 2010 Hi...

Any casual vacancy caused in the office of the Statutory Auditor can be filed by the Board of Directors and the Auditor so appointed shall be entitled to hold the office as such till the date of next AGM of the Company.

But any casual vacancy caused due to resignation of the Auditor shall be filed only with the consent of the members by way of an Ordinary Resolution to be passed in the General Meeting of the Company.

The onus to intimate the resignation of the Statutory Auditor to the SE will be on the Listed Company and not on the resigning Statutory Auditor.

I opine that though it is not mandatory for the Auditor to intimate the fact of his appointement to the ROC in prescribed E-Form 23B, the intimation should be given in the Form 23B as there is no filing fees for the same and prescribed time period for the same. The option to submit Form 23B is on the Auditor appointed and not on the Company.

Regards

CS Udit Sharma