Appointment of first auditor
MANISHA SHARMA (ARTICLE ASSIATANT) (25 Points)
30 March 2015MANISHA SHARMA (ARTICLE ASSIATANT) (25 Points)
30 March 2015
chandar
(Deputy Manager-Accounts)
(296 Points)
Replied 30 March 2015
As per section 139(6) the first auditor of the company shall be appointed by the Board within 30 days of Incorporation. In case of Board’s failure, an EGM shall be called within 90 days to appoint the first auditor. The law is silent regarding from when this time limit of 90 days be reckoned, it is better to take a stricter view and interpret that the 90 days limit starts from Incorporation rather than expiry of 30 days(i.e. failure of Board) from it.
chandar
(Deputy Manager-Accounts)
(296 Points)
Replied 30 March 2015
Since section 139(6) does not speak anything contrary to section 139(1) as far as obtaining of consent, certificate and filing of form is concerned therefore in can be interpreted that ADT-1 should be filed with ROC for first auditor also.
MANISHA SHARMA
(ARTICLE ASSIATANT)
(25 Points)
Replied 30 March 2015
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