Dear Amit !

I think Audit C can not be appointed on the following grounds :-

(a) The resolution by BOD in case of declination made by A & B  is not valid to fill up the casual vacancy

(B) Refusal by B can not create a casual vacancy

regards

neeraj

(a) The resolution by BOD in case of declination made by A & B  is not valid to fill up the casual vacancy

Neeraj sir The resolution has not been passed by bod i think, it has been passed in AGM and if AGM is appointing board to appoint auditors in case of any decling of the auditors appointed earlier then why they cant???????????

Dear Ankur

Yes you are right :

The resolution of the company authorising its board of directors will be the correct word .........

regards

neeraj

HEy BTW what would happen if we mentioned the section number wrongly but the content is correct ?????

kya koi audit paper scan kar ke attech kar sakta hai site par

Dear yogesh !

Its already attached in this discussion by i think Phanndra Parkash check it out the entire discussion & get it.

No choices were provided in the papaer exept in one or two questions where it was not a choice of questions rather part of it.On the whole paper was not easy not tough but if given relevant reference would fetch marks that for sure,and this time marking will be lineant.Audit paper always feels like that gone well but when marks compared with the papers,lot of us will not agree,,,,neway that is audit is all about,,,require perfect knowledge no long anwers rather requires to the point answers as they have provided in various RTP's also.

Isntd?

Deepak

Well firstly they reappointed A & B in the AGM which is absolutely as per the section 224(2) so the process of re appointment is over itself the moment they reappointed them,

Secondly what they have agreed on in the AGM itself is that If any or both of them doesnt agree to work then BOD are allowed to appoint Mr C.Later on disagreement of one of the auditor (nt remembering the name) not to continue shows itself shows that they accepted their appointment in the AGM..

Neway,

if any auditor between two AGM's doesnt agree to work the BOD are totally authorised to appoint any auditor as casual vacancy by resignation or not agree to work as per section 224(6) ,therefore passing resolution was of no use,but even then also it doesnt stop or doesnt make it void to appoint Mr C as auditor by BOD.

Since no time was mentioned that when he showed his disagreement,,,therefore it would be more appropriate to assume that he did it after the AGM.

If nobody is agree wid me,kindly share your views,which are cordially invited

CA Deepak Bhardwaj

Dear I do not agree at all that BOD cannot appoint auditor in case of casual vacancy. Infact it is in the casual vacany case itself that the BOD are authorised to do so,in all other case either GM has to be called in specific case or in AGM by passing 'Ordinary Resolution'.

Casual Vacancy is caused in any of the two ways:u/s 224(6)

1) on resignaiton: BOD are fully authorised to appoint any auditor

2) exept resignation: GM has to be called upon to appoint other auditor

CA Deepak Bhardwaj

Board of Directors may fill thye casual vacancy of auditor in all cases except the casual vacancy due to resignation of auditor

Board of Directors may fill thye casual vacancy of auditor in all cases except the casual vacancy due to resignation of auditor.

here the question is whether AGM can pass resolution giving authority to board for appointing auditor incase if any one or both the joint auditor reappointed in AGM decline to accept the offer .?????

congrats to all for doing the audit paper well..

i gave my attempt in june.. i also thought i had done incredible but they just took away all the marks.. though i cleared PCC..

where i thought i would get a 70+.. all i got was 43... so dont be over confident people.. you never know what ICAI has in store for you..

all the best!

it was easy......

 ya its easy..

 how was audit paper ?