CHARTERED ACCOUNTANT
150 Points
Joined December 2007
Dear Tanya,
For your first query, if auditor refuses to accept appointment, then it is to be deemed that no auditor has bes been appointed in AGM.and in that case Section 224(3) becomes excercisable and give power to Central Government to appoint auditor.
In this case, company has to intimate to Central Govt. by filing Form 24A regarding non appointment of auditor in AGM. This form will be filed with Regional ROC Office through MCA21 filing. Then Regional Director will appoint auditor. For this form and appointment of auditor no fees will be charged.
For your second query, Regarding appointment of auditor in case of partner practising india and partner is in full time or part time employment.
Auditor will not be disqualified in case of partner practising india subject to condition firm in India is under the charge of a member of the Institute This is a mandatory requirement under Section 27 of the Chartered Accountants Act, 1949.