A retiring auditor of a company has given the company notice in writing of his unwillingness to be reappointed in accordance with Section 224(2)(b) of the Companies Act, 1956.
According to Section 225(1), a special notice (As per Sec 190) is required for a resolution at an AGM appointing as auditor a person other than a retiring auditor.
Whether a Special Notice is required to be received from a member for the purpose of appointing a statutory auditor other than the retiring auditor at the AGM of the company even though the retiring auditor has (in the first place) expressly asked the company not to reappoint him at the AGM?
SPECIMEN OF SPECIAL NOTICE FOR APPOINTMENT OF AUDITORS OTHER THAN THE RETIRING AUDITORS
From …………. (Member) Dated 17th May, 2008
The Board of directors
Sub: Notice under section 225(1) of the Companies Act, 1956 for appointment of auditors M/s Subash & Co., Chartered Accountants, in place of M/s Agarwal & Co. Chartered Accountants.
This has in reference to your notice, dated 12th May, 2008 for the 17th Annual General Meeting of the Company to be held on 9th June, 2008.
I, would like to inform that I have …….. Equity Shares of the company constituting …… % of the
total paid up capital of the company and in reference to the provisions of section 225(1) read with the provisions of section 190 of the Companies Act, 1956, I hereby give a notice that M/s Subash & Co., Chartered Accountants of Kanpur be appointed in place of M/s Agarwal & Co. Chartered Accountants, the retiring auditors of the company.
I hereby submit a draft of the resolution for approval at the annual general meeting to be held on 9th June, 2008.
You are requested to please do the needful as per provisions of the Companies Act, 1956.
Member, Folio No……..
Encl.: 1. Draft of the resolution
2. Eligibility letter given by M/s Subash & Co., Chartered Accountants.
SPECIMEN OF THE RESOLUTION TO BE SUBMITTED BY MEMBER'S ALONGWITH THE NOTICE
“RESOLVED THAT M/s Subash & Co., Chartered Accountants of Kanpur be and is hereby appointed as the auditors of the company in place of the retiring auditors M/s Agarwal & Co., Chartered Accountants to hold the office of the auditors till the conclusion of the next annual general meeting on such remuneration as may be determined by the Board of directors of the company.”