Apointment of first auditor

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CS Alpesh Dhandhlya (Querist)
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14 September 2012 Dear Sir

In appoinment of First auditor for a new Company Whether Form 23B or FROM 3 is required to be filed with the ROC.

Ajay Mishra

Ajay Mishra (Expert)
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14 September 2012 Hi

After appointment of first auditor you may file Form-23B with ROC with in 30 days from the date of receipt of letter of appointment from company.

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CS Alpesh Dhandhlya

CS Alpesh Dhandhlya (Querist)
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14 September 2012 Dear Sir

FORM 23B is required only if AUDITOR is appointed in AGM. Here AUDITOR is appointed by the BOD in board meeting Hence, My View is that F 23B not required to be filed with.

Ajay Mishra

Ajay Mishra (Expert)
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14 September 2012 Hi

The Act, is silent about filing of Form-23B for first auditor. But as we read Form-23B there is no such restriction for filing of Form-23B for first auditor.

As per my view and as a good corporate practice you can file Form-23B with ROC.

CS Alpesh Dhandhlya

CS Alpesh Dhandhlya (Querist)
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14 September 2012 Dear Expert

As I understand the ACT is not silent but specific i.e. As per Section 224(1A) Form 23B is required to be filed only if the auditor is appointed under section 224(1) i.e. in AGM not u/s 224(5)i.e. First Auditor.

Plz read the Bare Act, AND plz clarify the problem.

Ajay Mishra

Ajay Mishra (Expert)
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14 September 2012 Dear Alpesh,

Please read my answer carefully.

Section 224(1) deal with appointment of auditor at AGM and not talking about first Auditor.

As per my reading of Bare Act, section 224(5) of the Companies Act, 1956 deal with appointment of First Auditor.

I regularly follow the practice of filing of Form-23B of first auditor. I always give suggestion of filing of Form-23B for filing to ROC.

Its depend on you whether you want to file such form or not.

Amol S Joglekar

Amol S Joglekar (Expert)
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14 September 2012 Hi Ajay, Fully appreciate the view of "corporate policy'. For the sake of EXAMINATION, the answer may be whatever... but as a sound corporate policy; which should be the need of the time, one should insist on filing 23B; instead of focussing on the "LITERLIGIS"

CS Alpesh Dhandhlya

CS Alpesh Dhandhlya (Querist)
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14 September 2012 OK thank you Dear Sir

I had not fild f 23B in time and when I filed it lately. The ROC accepted it validly without any penalty for that,henceforht I was clarifying the View.
thanks

CS Alpesh Dhandhlya

CS Alpesh Dhandhlya (Querist)
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14 September 2012 Dear Mr. AMOL

LETTERLIGIS means following of law only in letter.Am i right?

CS Alpesh Dhandhlya

CS Alpesh Dhandhlya (Querist)
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14 September 2012 Dear mR. amol

LETTERLIGIS means following of law in letter, not in spirit. IS IT SO.

Amol S Joglekar

Amol S Joglekar (Expert)
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14 September 2012 The intent comes first and then the same is put into WORDS. (Microsoft or other)While there is no harm in strictly sticking to WORDS, the professionals are expected to give more emphasis on the INTENT/ SUBSTANCE.

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