Company Secretary and Compliance Officer
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Posted On 16 June 2010 at 11:41
PROCEDURE FOR APPOINTMENT OF FIRST AUDITOR
Appointment of first auditors
As per section 224(5), the first auditor or auditors of a company shall be appointed by the Board of directors by passing a board resolutionwithin one month of the date of registration of the company; and the auditor or auditors so appointed shall hold office until the conclusion of the first annual general meeting.
Appointment of first auditors in general meeting.—A company in general meeting may appoint the first auditor by passing an ordinary resolution if the Board of directors fails to exercise its power of appointment of first auditors within one month of the date of incorporation of the company.
There is no need to file form 23B for the appointment of first auditor.
PROCEDURE FOR APPOINTMENT OF REGULAR AUDITOR AT THE AGM
Section 224 governs the appointment of auditors. The auditors are to be appointed by the shareholders of the company in an annual general meeting by passing an ordinary resolution.Kindly note appointment of Statutory under section 224(1) is an ordinary business read with Section 173 of the Companies Act, 1956.
Section 224(1) state that every company shall, at each annual general meeting, by passing an ordinary resolutionappoint an auditor or auditors to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting.
1. First consider the appointment of external auditor in the board meeting and pass a board resolution recommending the candidature of external auditor to the shareholders.
2. Put the agenda for the appointment of external auditor in the AGM notice.
3. On due date pass an ordinary resolution for the appointment of external auditor.
4. Intimate the auditor regarding his appointment within 7 days of appointment in AGM. After receiving intimation from the company it is duty of the auditor to inform ROC about his appointment through filing of form 23B within 30 days of intimation from company.
5. Do not forget to collect a written certificate from the auditor or auditors proposed to be so appointed to the effect that the appointment or re-appointment, if made, will be in accordance with the limits specified in sub-section (1B).
Nice Info. Sir, but why now-a-days you are not much seen in forums?
Thanks for comment.
Can’t reject your observation. In fact it is true. The main reason is presently I have nothing to post here like file and notes etc.
Many of my student related files and notes are in process from a long time…but the main problem with me is lack of time along with motivation and concentration. Almost 6-8 articles are pending completion from my side and I have a very strict policy not to pick anything from here and there.
But am trying to share my real time suggestions as and when required by members. I’ll try my best to complete the pending stuff as early as possible and share with you all.
Dear Ankur Ji
If a subsequent auditor is removed before AGM, what is procedure for appointment of auditor at a meeting other than AGM?
If the appointment is not made, can Central govt. appoint an auditor at a meeting which is not an AGM?
Please reply Sir.