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Mca

CA Shruti Gupta (CMA FINAL CS Final) (1434 Points)

30 October 2014

DEAR MEMBER I NEED URGENT HELP PL HELP ME BY SOLVING MY PROBLEM- ONE OF MY CLIENT WANT TO REMOVE HIS STATUTORY AUDITOR for financial year 2013-2014, and appoint another auditor for 13-14 and 14-15. his balance sheet it still not final. what is proper procedure and forms which need to be filed.

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6 Replies

Rahul Chilal (CA, CS, DISA) (713 Points)
Replied 30 October 2014

Under Companies Act 2013, Auditor can be removed before expiry of term by passing special resolution & obtaining Central Govt approval.

The Application has to be made in Form ADT-2.

Before that the Auditor has to be intimated & shall be given reasonable opportunity of being heard.

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Anand Mundada (Article clerk) (21 Points)
Replied 30 October 2014

Agree with Rahul.. As per section 140 of the Companies Act,2013

Sourabh (Partner) (27 Points)
Replied 30 October 2014

Its better to get resignation in march 2013 and get an noc.

SYED SAIFULLAH QUADRI (PROPRIETOR) (34 Points)
Replied 30 October 2014

For fy 2013 14, don't take risk. AGM due date expired if not extended. Mgt 14, required to be filed before AGM. If possible take resignation before 31.3 2014. Else compromise with existing auditor. If not possible file with CLB.