meenu (cs) (416 Points)
29 August 2009Dear All,
The Company wants to appoint B as a statutory auditor in the ensuing AGM . A as a existing auditor is presenting his resignetion.
Whether it is considered as ordinary business or special business?
Kindly quote the case of any company if possible.
Best Regards,
Meenu
RITESH KOTHARI
(B.COM, FCA, DISA(ICAI))
(778 Points)
Replied 29 August 2009
IT IS A SPECIAL BUSINESS
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 30 August 2009
Disagree with both the answer above.
appointment of statutory auditor is always considered as an Ordinary Business u/s 173. You have to pass an Ordinary Resolution for such appointment. Special resolution for the appointment of Auditor is required only when Section 224A is applicable in your case.
Regards
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 30 August 2009
Give a reading to section 224A and check its applicability to your company.
In case of any doubt plz revert.
Manmohan ACA, CS
(Chartered Accountant )
(14243 Points)
Replied 30 August 2009
completely agree with ankur
meenu
(cs)
(416 Points)
Replied 31 August 2009
Thnxs to all for your response.
Finally, the case is to be considered as Ordinary business and ordinary Resolution in AGM as it is not covered under Section 224 A.
Best Regards,
Meenu
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 31 August 2009
Good Luck Meenu...
meenu
(cs)
(416 Points)
Replied 31 August 2009
Thnxs Sir.
Kindly answer my another query related to attachment of annual account of subsidiary in this forum already posted and waiting for the suitable reply.
Best Regards,
Meenu
meenu
(cs)
(416 Points)
Replied 04 September 2009
Hi All,
Kindly review the resolution in case of appointment of auditor B in place of A who is presenting his resignetion.If any modification kindly suggest.
“RESOLVED THAT pursuant to the provisions of Section 224 of the Companies Act 1956 and other applicable provisions, if any, of the Companies Act, 1956, M/s. B. & Company, the Chartered Accountants, be and are hereby appointed as Auditors of the Company to hold office from the conclusion of this Annual General Meeting until the conclusion of the next Annual General Meeting of the Company, in place of the retiring auditors M/s.A & Co., Chartered Accountants, at such remuneration as may be decided by the Board of Directors of the Company."
Best Regards,
Meenu
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