Appointment of auditor- very very urgent

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 December 2012 Dear Sir,
We are a pvt ltd company, suddenly our auditor has resigned (i.e. on 29 september), as we had shortage of time to hold AGM,so conveyed a BoD meeting (all the directors are member also) to appoint the auditor.(meanwhile we got extension of time to hold AGM till December.
Auditor is appointed at BoD meeting(all the director are shareholders also)where 74% director was present.
now can this appointment of auditor is void if same is rectified in AGM.
Pls suggest
Thx

Ajay Mishra

Ajay Mishra (Expert)
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04 December 2012 Hi

No, it is not valid.

Procedure to Appoint of Auditor and file Form 23B (Appointment of Auditor)

1. The Company will call a Board Meeting after resignation of auditor to accept resignation of old auditor, fill a casual vacancy by new auditor and call a general meeting.
2.The company will appoint new statutory auditor at general meeting
3.Send letter of appointment to auditor within seven days from the appointment.
4. The auditor give letter of acceptance as auditor to the company and send a copy of the same to the old auditor of his appointment.
5. The auditor also intimate ROC in Form 23B within 30 days from the date of acceptance of letter of appointment.
6. Form 23B can be download from www.mca.gov.in
7. Letter of appointment will be attached with Form 23b.
8. The SRN no will be generated with fee.

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