Appointment of auditor

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This query is : Resolved

BHASKAR AUDDY (Querist)

23 October 2009 In the case of existing auditor, who has been appointed in the last AGM ( held in the year 2008), has submitted his resignation or he has notified in writing his unwillingness to be re-appointed before the next AGM ( to be held in the year 2009.

Was a special notice under section 225 of the Companies Act,1956 is necessary to appoint the new auditor ?

Ram Avtar Singh

Ram Avtar Singh (Expert)

23 October 2009 read by this link
https://www.caclubindia.com/experts/experts_message_display.asp?group_id=248605

Ankur Garg

Ankur Garg (Expert)

23 October 2009 Hi,

First understand for the purpose of section 225 there is difference between resignation and unwillingness.

If he resigned then section 224(6) is applicable and you have to appoint him in the EGM as this would be considered as casual vacancy.

However if he shows his unwillingness then you have to follow the procedure of section 225.

Regards

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