Casual vaccancy by resignation of Auditor before AGM

Page no : 2

Preety (Company Secretary) (96 Points)
Replied 05 May 2010

Hello friends,

Can anyone pl tell me whether Form 23 is reqd to be filed for Ordinary resolution passed for appt of auditor in casual vacancy arising from resignation of existing auditor.

Regards

Preety

Upgrade to CAclubindia Pro. Subscribe Now!

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 05 May 2010

Originally posted by : Preety
	Hello friends, Can anyone pl tell me whether Form 23 is reqd to be filed for Ordinary resolution passed for appt of auditor in casual vacancy arising from resignation of existing auditor. Regards Preety

Form-23 under section 192 is not required to be filed in case of filling a casual vacancy. This is 100% confirm.

Vishal (business) (78 Points)
Replied 17 June 2010

Dear Ankur & others

Wpuld like to know the step by step formalities in case the exisiting Auditors have shown their unwillingness to be re-appointed in the forthcoming AGM of a Pvt Ltd Co.

The Board has approved the Accounts in its Meeting and has recommended the name of new Auditor for appointment.

Should the Notice of AGM just mention the appointment of New Auditor in palce of the retiring auditor .

Would appreciate if you could provide :

1) Resolution to be passed in Board Meeting recommending the appointment of New Auditor and noting of the unwillingness of the retiring Auditor

2) the document to be taken from the existing auditor who are not willing for the re-appointment.

3) The Notice of the AGM for the resignation of the existing Auditor and appointment of new Auditor

4) Letters to be given by the Pvt Ltd co to the existing Auditor and for appointment of new Auditor

5) Form 23 if required to be filed

6) Is it necessary to hold EGM before the AGM in case the Auditor have signed the Accounts for the year but are not willing for re-appointment in the forthcoming AGM till the next AGm

or should we take Auditors resignation from the date of the AGM and appoint the new Auditor in the same Meeting . Can Board recommend the name of the new Auditor if not then how the same to be done.

Any other imp aspect which got missed out.

Thanks and regards

Vishal

Ketan Ranade (Company Secretary) (64 Points)
Replied 15 February 2014

What are the options available, if a auditor resigns after issue of notice of AGM? and it is not possible to issue new notice as the auditor is resigned 3 days before AGM?