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removal of auditor

05 March 2019

for removing the auditor before the term prior approval of Regional director required or after taking approval from shareholder we have to take approval of RD?

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4 Replies

Nisha Vashisht (Company Secretary) (22 Points)
Replied 05 March 2019

Pass special resolution for obtaining consent of shareholders of the company by mentioning the words "subject to approval received from RD" then file application to RD because when we file application to RD, the form asks for special resolution.

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Pramod Khandar Khandar (9 Points)
Replied 15 March 2019

pqr is a listed public company
a director
b director
c independent director
d director
e independent director
f director
g director
h director
I independent director
Mr c & Mr d resigned from company

what are the requirements to be fulfilled by the company w.r.t. appointment of director?

Jatin Bajaj (CS) (2930 Points)
Replied 16 March 2019

As per the provisions of section 140, the auditor can be removed by passing the special resolution and after obtaining the prior approval of RD. Before removal of the auditor, the auditor shall be given the reasonable opportunity of being heard.

The company shall make application in Form ADT 2 to the regional Director within 30 days of the meeting of board for purpose of removal of Director.

The Company shall hold the general meeting within 60 days of receiving the approval from the RD

The Company shall file MGT 14 within 30 days of passing the special resolution.