Appointment of auditor

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binal salot (Querist)
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10 December 2013 Hello

kindly tell me that whether auditor appointed in AGM can resign in the month of September meaning thereby that if auditor is appointed in the AGM of F.Y.2011-12 got next AGM i.e. for F.Y.2012-13 than can we make his resignation in the month of September 2013 by casual vacancy and appoint another auditor?
It is urgent

thanks

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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10 December 2013 for resignation only shareholder can appoint auditor in formal agm conducted.

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Ajay Mishra

Ajay Mishra (Expert)
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10 December 2013 Where the casual vacancy is caused by resignation of an auditor, the Board cannot fill up the casual vacancy but place the matter before the company in the extraordinary general meeting for appointing an auditor in respect of the casual vacancy.

So You can appoint an other auditor before AGM in general.

But if you want to appoint another auditor at AGM then you will follow the provision of section 225 of the Companies Act, 1956.

A special notice of a resolution to be moved at an annual general meeting for appointing an auditor other than the retiring auditor or removing of an existing auditor is given to the company in the manner as prescribed under the Act.

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