Section 225(2)

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Querist : Anonymous

Querist : Anonymous (Querist)

29 May 2013 section 225(2) of the Companies Act,1956 says that, On receipt of notice of such a resolution, the Company shall forthwith send a copy thereof to the retiring auditor.

I want to know that, who will send such resolution to the company?
and complete interpretation of this sub-section.

CS SIDDHARTHA BANIK

CS SIDDHARTHA BANIK (Expert)
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29 May 2013 Any member (who is entitled to attend General Meeting) may move a special notice of passing a resolution to appoint a new auditor instead of the retiring one or providing expressly that retiring auditor should not be reappoint.

Hope you are satisfied with the answer.

Thanks,

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Querist : Anonymous

Querist : Anonymous (Querist)

29 May 2013 under sub-section(1), it is mentioned that special notice shall be required for a resolution st an annual general meeting appointing as auditor......not be re-appointed.
So, the duty to give such notice is of "the company" and as per the provisions of the ACT, notice of "any" general meeting shall be given by the company.
notice will be given by the company to the members of such resolution.
The notice in this sub-section(2) is a special notice or something else?
And, as per your answer, why the member(s) may give the notice?
And, you uses the word "may" which means it is not a compulsory provision? but the section says that company "shall" forthwith send a copy thereof to the retiring auditor which means it is a compulsory provision?