Appointment of auditor
This query is : Resolved
CA NAVEEN SINGLA
(Querist)
21 December 2014
If the Co. incorporated in Jan, 2014 meet the CA before AGM who has hold COP but whose Firm Name is under process with ICAI. AT AGM held on 15.11.2014.CA Firm Name Approves on 28.11.14. Can such Co. Appoint him as Statutory Auditor.
If Yes Than What are the Obligation by Co. and Auditor regarding his appointment.
If Yes Than What are the Obligation by Co. and Auditor regarding his appointment.
CS Mitesh Mehta
(Expert)
22 December 2014
According to my view, you can't appoint him as statutory auditor.
Further note that first auditor need to be appointed within 30 days of incorporation by Board of Direcotrs.
Further note that first auditor need to be appointed within 30 days of incorporation by Board of Direcotrs.
CA NAVEEN SINGLA
(Querist)
22 December 2014
Sir,
I am taking about the Auditor who has to be appiointed as per section 139(1) in AGM i.e next auditor to First Auditor
I am taking about the Auditor who has to be appiointed as per section 139(1) in AGM i.e next auditor to First Auditor
CS Mitesh Mehta
(Expert)
22 December 2014
You can't appoint auditor at AGM as you need eligibility and consent letter from the proposed auditor before appointment. On the basis of that Board recommends the name of the auditor to the members for appointment.
CA NAVEEN SINGLA
(Querist)
22 December 2014
Sir Co. AGM is on 15.11.2014. Directors meet the Auditor on 10.11.2014 who hold COP but whose firm name approves on 28.11.2014.
Auditor give his consent and certificate before 15.11.14. In his consent letter he informs the board that His firm name is under process with ICAI
Now can such auditor be appointed as auditor.
Auditor give his consent and certificate before 15.11.14. In his consent letter he informs the board that His firm name is under process with ICAI
Now can such auditor be appointed as auditor.
CS Mitesh Mehta
(Expert)
22 December 2014
it is not possible
Only after approval of firm name, application for registration of firm name will be made.
Mentioning the firm registration number in the audit reports and resolution passed by the company for appointment of statutory auditor is mandatory
Further for filing ROC forms relating to appointment of auditor, you have to mention firm name and registration number
Only after approval of firm name, application for registration of firm name will be made.
Mentioning the firm registration number in the audit reports and resolution passed by the company for appointment of statutory auditor is mandatory
Further for filing ROC forms relating to appointment of auditor, you have to mention firm name and registration number
CA NAVEEN SINGLA
(Querist)
22 December 2014
Thanks a lot Sir for Information. But Sir can we file ADT-1 after the name registered with Late Fees.
CS Mitesh Mehta
(Expert)
22 December 2014
you can file ADT1 with late fee
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