Appointment of auditor to fill casual vacancy
This query is : Open
27 February 2015
If we are appointing auditor to fill casual vacancy caused by resignation by board of directors in their meeting subject to such appointment gets approved by shareholders within 90days of appointment. now i want to know that ADT1 is to be filed within 15days of board meeting or general meeting.
27 February 2015
Cut off counts from the date of board meeting.
Inference :- 'appointment' [139(1)4th proviso] and 'approval of appointment' [139(8)(i)] distinguished.
Inference :- 'appointment' [139(1)4th proviso] and 'approval of appointment' [139(8)(i)] distinguished.
27 February 2015
Thank you sir. any other form is required to be filed in this connection?
27 February 2015
According to my view you have to file ADT-1 within 15 days of EGM as in case casual vacancy has occurred due to resignation of
auditor, such appointment should be approved by the company in general meeting hence such appointment is not final until it is approved by the members
auditor, such appointment should be approved by the company in general meeting hence such appointment is not final until it is approved by the members
27 February 2015
Mitesh Sir suppose the auditor is appointed by Board on 27/02/2015 and now egm is called on 01/04/2015 then date of appointment will be 01/04/2015 right. this does not call for non compliance of sec 139(8) na. and one more thing in egm auditor can be appointed by ordinary resolution na.
27 February 2015
The auditor appointed at egm shall hold the office of the Statutory Auditors
of the Company from the conclusion of EGM meeting until the conclusion of the ensuing Annual General MeetinG
Date of appointment : 01/04/2015
Type of resolution: Ordinary Resolution
of the Company from the conclusion of EGM meeting until the conclusion of the ensuing Annual General MeetinG
Date of appointment : 01/04/2015
Type of resolution: Ordinary Resolution
27 February 2015
Ok. That means no need to file mgt14 na.
27 February 2015
yes
no need to file MGT 14
no need to file MGT 14
27 February 2015
Ok sir. thank you so much.
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