auditor removal
Tanvi Agrawal (10 Points)
21 April 2018
what is the procedure for auditors removal if he is unwilling to resign due to his misconduct?
Tanvi Agrawal (10 Points)
21 April 2018
A.Kishore Kesav
(808 Points)
Replied 21 April 2018
Tanvi Agrawal
(10 Points)
Replied 21 April 2018
Rahul Prajapati
(Student)
(2282 Points)
Replied 21 April 2018
As per section 140(1) of Companies Act 2013
The auditor appointed under section 139 may be removed from his office before the expiry of his term only by a special resolution of the company, after obtaining the
previous approval of the Central Government in that behalf in the prescribed manner:
Provided that before taking any action under this sub-section, the auditor concerned
shall be given a reasonable opportunity of being heard.
Jatin Bajaj
(CS)
(2930 Points)
Replied 21 April 2018
Procedure to Remove the Auditor under Companies Act 2013
A special resolution along with central government is required before expiry of his term
Application for removal of auditor is to be made in Form ADT 2 within 30 days of passing special resolution.
General meeting is required to be held within 30 days of receipt of order of central govt for passing special resolution.
Before all documentation, auditor shall be given the resonable oppertunity of being heard.
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