26 May 2015
Dear experts
as per section 139 of the companies act 2013, auditor of a co. is required to appointment for a term of five years subject to ratification by members every year.
my question is whether the resolution or ratification by company is need to be intimated to ROC in ADT-1 OR any other form.
27 May 2015
As per 2nd,3rd & 4th proviso to section 139(1) consent, certificate and filing of form is required for appointment.
As per explanation to section 139(1) appointment includes re-appointment.
Since ratification is not included appointment and moreover in form ADT-1 tenure of auditor is mentioned for 5 years, hence there is no need to file ADT-1 or any other form for ratification.
However, as a better practice obtain consent, certificate at every AGM.
CAclubindia
