16 July 2014
Can any one tell the detailed procedure for the apppointment of First Auditor in a Private Limited Company under the Companies Act 2013. I would also like to know what are all the forms to be submitted with ROC like MGT -14, ADT - 1, GNL - 2, etc. procedural wise.
I also have a confusion whether MGT - 14 is required to be filed for registering Board Resolution for appointment of First Auditor.
17 July 2014
The first auditor of a company shall be appointed by the Board of Directors within 30 days from the date of registration in the case of failure of the Board, it shall inform the members, who shall within 90 days at an EOGM appoint first auditor.
Form ADT-1 should be filed within 15 days. ADT-1 will go as an attachment of Form GNL-2 as form ADT-1 is not available electronically.
MGT-14 is not necessary for appointment of auditor.
17 July 2014
MGT-14 is not required if appointment is done in board meeting. If appointment is done in EOGM, in the circumstances mentioned by Sharma Ji, MGT-14 has to be filed electronically.
17 July 2014
In CA, 2013, first auditor is to be appointed by the board of directors under section 139(6). As per my understanding there is no need to intimate ROC in case of first auditor. The position was same even in case of CA, 1956.
Kindly appreciate as per section 139(1), Auditor appointed at the AGM is to be intimated by the Company to the ROC within 15 days of appointment through filing of form ADT.1.
Form ADT.1 is to be filed through E-form GLN.2. Kindly refer MCA General Circular No. 9/2014 dated April 25, 2014.
17 July 2014
Thank you Sharma Sir, Chakrapani sir and Ankur Sir for your valuable information.
I have another doubt: The auditor has to give a certificate that he is eligible under the act, and within the term, etc. before appointment. Can any one give the format for such certificate.
My next doubt - what is the term of First Auditor whether till the date of conclusion of the First AGM or 5 years etc.
18 July 2014
SPECIMEN OF LETTER FOR ELIGIBILITY U/S 139(1) OF THE COMPANIES ACT 2013
To The Board of directors XYZ Ltd. Lucknow (UP)
Dear Sir,
In reference to the discussion had with Shri AB, a member of the company, we would like to inform that pursuant to the provisions of section 139(1) of the Companies Act, 2013, if the appointment made by the members at the annual meeting of the company, it shall be within the ceiling prescribed under the Companies Act, 2013.
Thanking you
Yours faithfully
For ABC & ASSOCIATES CHARTERED ACCOUNTANTS Mr. Ramesh PARTNER
What is the term of office of the First Auditor appointed by Board under the companies act 2013? I think it is from the date of appointment upto the conclusion of the First AGM. Can this be clarified?
Even i am of the same opinion in this regard . . But while filing Form 23AC and 23ACA it will ask for SRN of auditor appointment intimation . . in that case as per instruction kit of 23AC and 23ACA can we quote "Z9999999" . . I have two filings this time and i want to go like this .
Form 23B has been discontinued by MCA now. So for Annual filing forms like 23AC and 23ACA for the FY 2013-14, it would not be possible to fill SRN of 23B.
However in the AGMs due in coming months, auditors will be appointed for FY 2014-15 and form GLN.2 with form ADT.1 will be filed. So we can very much used the SRN of form GLN.2 after all GLN.2 replaces form 23B.
CAclubindia
