Appointment of Auditors

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sweta (Querist)

02 June 2009 If an auditor gives in writting his unwillingness to be re-appointed as auditors of the Company then special notice is required?

CA Tilak Raj Sharma

CA Tilak Raj Sharma (Expert)

02 June 2009 Appointment of new auditor in place of existing auditors required special notice.

sweta

sweta (Querist)

03 June 2009 Thanks...

Ankur Garg

Ankur Garg (Expert)

04 June 2009 The relevant Section talking about Special Notice is 225(1).

In your case no Special Notice required.

Regards

sweta

sweta (Querist)

05 June 2009 u mean to say when an auditor give his unwillingness and company has to appoint new auditor in place of them, in that case no special notice is required even for appointment of new auditor.

Ankur Garg

Ankur Garg (Expert)

05 June 2009 Hi Sweta

Exactly, Sweta you are right.

Please go through the language of Section 225(1). It suggest the removal of existing auditor & appointment of new auditor in his place. This is not your case as in your case your auditor is not willing at his end and no removal of existing auditor involved. So in your case there is no need of Special Notice as desired by Section 225(1).

Regards

sweta

sweta (Querist)

06 June 2009 ok..... that means while drafting notice of AGM, I have to pass an ordinary resolution for appointment of new auditor in place of existing one and also write a note for the same explaining the reason.

Thanks & Regards

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