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ROC- Form 23B

Jai The Professional (Articled Assisitant) (77 Points)

31 December 2010

Hi,

It is necessary to file Form No:23B (Intimation for appointment of auditors) for every Year (Pvt Company) when the Previous auditor had been reappointed for the current financial Year.

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13 Replies

nidhigoel89 (Company Secretary ) (594 Points)
Replied 31 December 2010

Hello!

An auditor is liable to file form 23B as per sec 224 (1A). And practically its not necessary to file that form on yearly basis.......bt as a good corporate practice u should file each form timely.

Regards

Nidhi

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Jai The Professional (Articled Assisitant) (77 Points)
Replied 31 December 2010

Speaking Practically,Where can i get the SRN No which is mandatory in Form 23AC without filing Form 23B.

nidhigoel89 (Company Secretary ) (594 Points)
Replied 31 December 2010

Hello!

If u have not filed form 23B then in that case u can fill z99999999 thr............

Regards

Nidhi

Vinay B L (Company Secretary) (140 Points)
Replied 31 December 2010

Dear Mr. Jayachandran,

I beg to differ from Ms. Nidhigoel's opinion. Kindly look in to form 23B item no 8 where it is mentioned "Period of accounts for which appointed".

A CA will be appointed as Statutory Auditor for a period of one financial year in Annual General Meeting. Such being the case Form23B must be filed for every year.

But while preparing 23AC you can put "Z99999999" in the place of SRN for 23B to solve the filing problem. But it is always better to complete the necessary formalities in time.

Other members' views are solicited.

Thanks and Regards

VINAY B L

nidhigoel89 (Company Secretary ) (594 Points)
Replied 31 December 2010

Sir,

I appreciate ur views and its always prefer to file form 23B for each financial year...........thats the same i recommend that to file each form on timely basis............bt as i mentioned that PRACTICALLY generally co's doesnt file that form and just fill z99999999 in 23Ac. As u r also aware of that.

Regards

Nidhi

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Vinay B L (Company Secretary) (140 Points)
Replied 31 December 2010

Nidhi Madam,

You are correct

Regards

VINAY B L

Syam kamal (Company Secretary) (156 Points)
Replied 31 December 2010

Hi all

It is an illegal practice to put Z99999999 in Form 23AC and it is not the company to file Form 23B instead the auditor is under the legal obligation to file it vide Section 224(1A) of the Companies Act, 1956. For practical purposes the company has to follow up with the auditor after intimating him about his appointment in AGM to ensure that the auditor has filed the form and obtain the SRN immediately.

The facility to put Z99999999 in Form 23AC is provided to use only in some extra ordinary circumstance for example a new company have been incorporated and the Board has appointed an auditor. In this case the auditor doesn’t have to give notice of his appointment to the ROC. As a result there will be no SRN for 23B.

Shridhi Jain (Company Secretary) (1678 Points)
Replied 31 December 2010

Its auditor duty to file form 23B and it has to be filed annually bcoz auditors are reappointed every year in AGM. So file form 23B so as to intimate registrar.

This aspect should not be taken lightly jst bcoz we have another option of Z99999999.

sanjay (FCA) (322 Points)
Replied 02 January 2011

Yes practically only 23 AC can be filed without SRNno. of 23B, by putting z99999999 in place of SRN of 23B

but audior is not saved by filing 23B neither practically nor theoritically

muraligopoavarapu (article student) (63 Points)
Replied 02 January 2011

23B form is can file with any cost. but require auditors DSC.

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Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 03 January 2011

At every AGM the auditor is reappointed to hold Office till the conclusion of the next AGM. Hence as and when an auditor is reappointed at the AGM, Form 23B is required to be filed. Even if the same auditor is reappointed, Form 23B is required to be filed again despite the fact that you can file 23AC with Z99999999.

Mohammed (CS, Mcom, LLB) (857 Points)
Replied 03 January 2011

I agree with Jayashree.. also as per good practice we should file form 23B and even if its not filed for previous years you can file the form free of cost

hyponkshe (chartered accountants) (73 Points)
Replied 03 January 2011

It is an illegal practice to put z99999999 in Form 23AC and it is not the company to file Form 23B instead the auditor is under the legal obligation to file it vide Section 224(1A) of the Companies Act, 1956. For practical purposes the company has to follow up with the auditor after intimating him about his appointment in AGM to ensure that the auditor has filed the form and obtain the SRN immediately.