Appointment of auditor

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 July 2012 there is 1st year of company incorporation & there is not held any AGM is it ok to appoint CA at 1st AGM. co. incorporated June 2011. pls reply

Ajay Mishra

Ajay Mishra (Expert)
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18 July 2012 Hi

No, Firstly you should appoint first auditor within one month from the date of incorporation under section 224(5) of the Companies Act, 1956.

Querist : Anonymous

Querist : Anonymous (Querist)

18 July 2012 if now i appoint CA through EGM is it k & pls guide me that i cant file annual returns of the company in roc & there is not held any AGM til date in company if i held AGM thn file annual returns so there is any problem

Ajay Mishra

Ajay Mishra (Expert)
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18 July 2012 Hi

Annual Return is a return having the details of shareholders capital and directors and any changes thereon from last AGM till the date of AGM.

Annual Return is required to be filed with the details as on date of AGM, if you have not hold any AGM then u are not eligible to file Annual Return.

Querist : Anonymous

Querist : Anonymous (Querist)

18 July 2012 Co. Incorporated on june 2011 it means that i held only simple agm & there is no need to file annual returns

Ajay Mishra

Ajay Mishra (Expert)
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18 July 2012 Hi

You can not file Annual Return without holding AGM. Firstly you hold AGM, then file Annual Return. Read section 159 of the Companies Act, 1956.

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