C.S. Rajesh Pillai (Company Secretary and Compliance Officer) (181 Points)
25 March 2009Hi,
We are required to appoint an Auditor otherthan the retiring auditor in the Annual General Meeting.
If anybody have the detailed check-list, please forward the same.
best regards,
Rajesh Pillai
the following point must be kept in the mind on the time of appointment of auditor,
1. obtain a written certificate from auditor,who proposed to be appointed (224 (1B) )
2. intimation to the auditor about his appointment with in 7days from the appointment (224-1
3. inform the registrar in form no 23B by the auditor with in 30th days form the letter of the company.
4.intimation to the member about nomination of the auditor not less than 14days before the date of the meeting.
C.S. Rajesh Pillai
(Company Secretary and Compliance Officer)
(181 Points)
Replied 25 March 2009
Hi,
Check-list as to what all the documents to be prepared for appointing a new auditor otherthan the retiring one.
Sec. 225 of the Companies Act, 1956 specify for a special notice from members within such and such time and the circulation thereof.
The copy of Special Notice to be given to the retiring auditor and his representation to be given to the members.(or else to take the permission of Central Govt.)
We do not want to go for Central Govt. permission.
Hope things are clear
regards,
Rajesh Pillai
MAYANK GUGLANI
(CA )
(124 Points)
Replied 26 June 2009
appointment of another auditor in an AGM
1. You have to pass an ordinary resolution for the appointmnet
2 if an auditor is not appointed in an AGM then the notice has to be given to central govt within 7days from the closure of AGM
3 CG will appoint the other auditor within 30 days and receipt of same will be issued to the company
4 the auditor has to inform the ROC for the appointment and this approval is not required in case of FIrst auditor
Pratibha
(Company Secretary)
(32 Points)
Replied 23 August 2010
Dear Mayank,
As per the clarification given by you, in case an auditor is not appointed in the AGM," notice has to be given to central govt within 7days from the closure of AGM
CG will appoint the other auditor within 30 days and receipt of same will be issued to the company"
But suppose the company wants to appoint an auditor of their choice and the auditor to be appointed is not decided till the time of the AGM.
What will be the procedure in that case?
Can the company do so by holding an EGM after that, to appoint another auditor?
Thanks and Regards
Pratibha
HARDIK
(COMPANY SECRETARY NCFM (Corporate Governance ))
(664 Points)
Replied 23 August 2010
Hi
Read section 225 it will sort out your query.
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