appointment of auditor

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C.A. LINESH PATIL (Querist)

12 October 2010 suppose a casual vacancy arises in a office of auditor due to resign.
and no GM is held.means vacancy is not filed.
then how will be the auditor appointed.

will the auditor be appointed in next AGM.
or what will be the consequence of it.
Thanks in advance

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)

12 October 2010 The borad may fill any casual vacancy in the office of an auditor.

casual auditor will hold the office untill the conclusion of next AGM.

In case vacancy is not filled by board,Central Govt. may appoint a person to fill the vacancy.

C.A. LINESH PATIL

C.A. LINESH PATIL (Querist)

13 October 2010 but sir board is not empowered to fill the vacancy arises due to resignation by auditor.
in this case only share holder in empowered to fill the vacancy in a general meeting.

please revert back

Ankur Garg

Ankur Garg (Expert)

13 October 2010 You have to convene an EGM to fill the vacancy. If there is any impracticability in holding EGM you can take the route of section 186 i.e. GM by CLB.

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