Please Help: How to appoint a auditor after resignation by other auditor
Posted Date : 11-Apr-2012 , 09:00:15 pm | Posted By Aashish Kumar Jain
Sir,
One CA firm has resign herself from statutory auditor of the private limited company due to lack of time given by the comapny to complete the audit as per his point of view.
Now that client approaches my firm for being statutory auditor of that company.
Can I take the audit of that pvt. ltd. company according to law.If yes, what is the procedure for the same.
I am waiting for your response.
Thanks in Advance
One CA firm has resign herself from statutory auditor of the private limited company due to lack of time given by the comapny to complete the audit as per his point of view.
Now that client approaches my firm for being statutory auditor of that company.
Can I take the audit of that pvt. ltd. company according to law.If yes, what is the procedure for the same.
I am waiting for your response.
Thanks in Advance
Category : Corporate Law | Answers : 4 | Comments : 1 | Hits : 7877
Answers
Answer By: CA Satuti Mahajan
It means that there arises a casual vacancy in the company and to fill it,hold an extraordinary general meeting in the company in which the new auditor is appointed.
Answer By: Akanksha Handa
As per Section 224(6) in The Companies Act, 1956
(6) (a) The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act: Provided that where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company In general meeting.
(b) Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
Thus an EGM will be conducted in which resignation of auditor will be accepted and new auditor will be appointed. Also before egm a consent letter will be taken from new auditor for his appointment and after egm Company will inform the auditor of his appointment. Within 30 days of appointment, auditor has to file form 23b to roc and company has to file form 23 if appointment is made by special resolution.
Hope clear.
(6) (a) The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act: Provided that where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company In general meeting.
(b) Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
Thus an EGM will be conducted in which resignation of auditor will be accepted and new auditor will be appointed. Also before egm a consent letter will be taken from new auditor for his appointment and after egm Company will inform the auditor of his appointment. Within 30 days of appointment, auditor has to file form 23b to roc and company has to file form 23 if appointment is made by special resolution.
Hope clear.
Answer By: CA Satuti Mahajan
The auditor is appointed in the extra ordinary general meeting.
Answer By: CA. SURESH Kr. AGARWAL
New Firm can be appointed by EGM.
Comments
Aashish Kumar Jain
11-Apr-2012 , 09:10:36 pmThe lack of time issue was emphasized in the resignation letter given by that firm,