If the retiring auditor has expressed his unwillingness to be reappointed in the next AGM whether it will be treated as casual vacancy (Resignation). If it is a casual vacancy what are the procedure to be followed in filing necessary forms to ROC.
Procedure – where casual vacancy arises due to resignation of existing auditor 1. Intimate the proposed auditor(s) regarding the intention of appointing him/it as auditor and ask whether he/ it is eligible and not disqualified to be appointed as auditor of the company. 2. Obtain consent & certificate from auditor. 3. If Audit Committee required to be constituted under section 177, then obtain its recommendation (Section 139(11)). 4. Call Board meeting for the purpose of following:- • Appointment of auditor in casual vacancy. • Considering that the qualification & experience are commensurate with the size & operations of the company. • Recommending the members to approve the appointment. • Calling of EGM(to be held within 3 months from date of Board meeting). 5. Intimate the Auditor and file with ROC form ADT-1within 15 days of EGM(since the appointment is not final until approval of members).
As per section 140(2) the Auditor who has resigned from the company shall file within a period of 30 days from the date of resignation, a statement in the prescribed form with the company and ROC indicating the reasons and other facts as may be relevant with regard to his resignation in form ADT-3
29 January 2015
Incase the case of casual vacancy other than the resignation ie, unwillingness of the present auditor from being reappointed what are the forms
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