Appoinment of auditor in case of casual vacancy
This query is : Open
04 August 2014
Dear All
Please helpme to know that how to appoint autitor in case of casuaL vacancy in case of death.
And please explain the time limit.
If company fails to appoint with in 30 days then what is further procedure and penalty
Please helpme to know that how to appoint autitor in case of casuaL vacancy in case of death.
And please explain the time limit.
If company fails to appoint with in 30 days then what is further procedure and penalty
CS Mitesh Mehta
(Expert)
05 August 2014
Section 139(8)of the Companies Act 2013
The provisions for filling of casual vacancy in the office of auditor
are as follows :
(a) The Board of the company shall have power to fill the casual vacancy in the office of auditor within 30 days in any case except where the casual vacancy occurred due to resignation of the
auditor.
In your case, since causal vacany has arised due to death of Auditor, Board of directors can appoint auditor.
PUNISHMENT FOR CONTRAVENTION – Section 147
For the Company
1. If any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than Rs. 25,000 but which may extend to Rs. 5,00,000 and every officer in default shall be punishable with imprisonment for a term which
may extend to 1 year or with fine which shall not be less than Rs. 10,000 but which may extend to Rs. 1,00,000 or
with both.
Section 139(8)of the Companies Act 2013
The provisions for filling of casual vacancy in the office of auditor
are as follows :
(a) The Board of the company shall have power to fill the casual vacancy in the office of auditor within 30 days in any case except where the casual vacancy occurred due to resignation of the
auditor.
In your case, since causal vacany has arised due to death of Auditor, Board of directors can appoint auditor.
PUNISHMENT FOR CONTRAVENTION – Section 147
For the Company
1. If any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than Rs. 25,000 but which may extend to Rs. 5,00,000 and every officer in default shall be punishable with imprisonment for a term which
may extend to 1 year or with fine which shall not be less than Rs. 10,000 but which may extend to Rs. 1,00,000 or
with both.
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07 August 2014
Respected Sir
If company comes to know about death on a letter date then wtha remiddes available.
Is there any practile soluation for the same.
If company comes to know about death on a letter date then wtha remiddes available.
Is there any practile soluation for the same.
CS Mitesh Mehta
(Expert)
07 August 2014
Yes.
Convene a board meeting and pass a resolution to fill the casual vacancy arising out of death of auditor.
Convene a board meeting and pass a resolution to fill the casual vacancy arising out of death of auditor.
Message likes :
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07 August 2014
Respected Sir
But 30 days completed date of Death is 4-4-2014.
So from which date is consoder for vacancy on death or when board intimate about death.
Respected Sir
But 30 days completed date of Death is 4-4-2014.
So from which date is consoder for vacancy on death or when board intimate about death.
CS Mitesh Mehta
(Expert)
07 August 2014
According to my view, 30 days to be counted from the date when company has received the information about death of auditor
Message likes :
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07 August 2014
Sir
What roc filing is needed for the same
Is resoluation with MGT - 14 is enough to file or ADT - 1 with GNl also have to file.
Sir
What roc filing is needed for the same
Is resoluation with MGT - 14 is enough to file or ADT - 1 with GNl also have to file.
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