As per section 139(6), shareholders to appoint auditors in 90 days.
From where does this 90 days start i.e from the incorporation of the company OR default by BOD?
Saurabh Jain (62 Points)
01 March 2018
The section says:
"...in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days..."
The default starts from day 31. Then BOD informs the members, who appoint within 90 days at EGM.
Hence, this 90 days starts from the day of failure or from day 31 or 30+90 = 120 days from the incorporation date..
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