pratik goyal (Practising Chartered Accountant) (57 Points)
22 October 2016Respected Sirs/ Madams,
Where a company has appointed auditor at the conclusion of AGM held on September 2014 for 5 years subject to Ratification upto the conclusion of 5th AGM at 2019 but want to Change auditor in this AGM i.e. in 2016 due to unwillingness of previous auditor to be reappointed, what are the procedures and forms to be filed in MCA by previous auditors, company and new auditors?
CS Arjun Rajagopal
(B.com, ACS)
(1056 Points)
Replied 22 October 2016
Please find attached an article on resignation of auditor.
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 22 October 2016
Previous auditor has to resign and form adt-3 has to be filed by such Auditor. New Auditor shall be appointed in general meeting (in your case, you can show appointment in AGM)
pratik goyal
(Practising Chartered Accountant)
(57 Points)
Replied 24 October 2016
Thanks.
So if the previous auditor can file ADT-3 say on 26th October, as he resigned on 28th September, whether the new auditor can be appointed at the AGM to be held on 30th September?
Please clarify
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 24 October 2016
No, how is that possble? Your AGM's notice should have already been issued before 21 days. Ask an auditor to issue resignation before board meeting date so that Borad can recommend appointment of new Auditor in AGM.
Pooja M
(CS)
(104 Points)
Replied 24 October 2016
If it is not possible to include in the AGM of 30th September, the following will need to be done :
The vacancy can be filled by the Board within 30 days of the resignation.
Within 3 months of the Board Meeting, call an EGM to appoint an auditor who will hold office upto the next AGM (i.e of 2017).
Refer Section 139(8)
Hope this helps.
pratik goyal
(Practising Chartered Accountant)
(57 Points)
Replied 24 October 2016
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