Appointment of auditors in small co

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This discussion clarifies disclosure requirements for small companies concerning statutory auditor appointments. While the Companies Act 2013 mandates auditor appointment for five years at the 6th AGM, recent amendments mean ratification at every AGM isn't always necessary. The query seeks specific disclosures for the Directors' Report and AGM Notice for small companies during the period between the initial appointment and the next re-appointment.

Prakash Joshi

Prakash Joshi (Querist)
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26 August 2022 Dear Friends,
As we know under the Companies Act 2013 the statutory auditor is to be appointed for 5 years at every 6th AGM and as per the amendment in sec 139, the ratification of appointment at every AGM is not necessary for certain class of Companies.

My question is what disclosure is to be given in case of a Small Company regarding appointment of statutory auditors between the financial years from first re-appointment to next re-appointment in.

1. The Directors Report
2. Notice of AGM

Can anyone share the draft of Directors report and AGM notice a small company.

Thanks
P.c. Joshi

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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30 August 2022 Format to include in Director's report.

STATUTORY AUDITORS:
The Members of the Company at their 1st (first) Annual General Meeting held on ..........., 2017, have appointed M/s. AB & Co , Chartered Accountants, Cochin , (Firm Registration No.:
00........S) as the Statutory Auditors of the Company for the period of 5 (five) years i.e. to hold office from the conclusion of the 1st (First) AGM until the conclusion of the 6th (sixth) AGM, subject to ratification by the Members at each AGM, pursuant to the provisions of Sections 139 and 141 of the Companies Act, 2013 read with Rule 3(7) of the Companies (Audit and Auditors) Rules, 2014.
Pursuant to the Companies Amendment Act, 2017 read with the Companies (Audit and Auditors) 2nAmendment Rules, 2018 and Notification S.O. 1833(E) dated May 7, 2018, the ratification of appointment of Statutory Auditor at each Annual General Meeting of the Company is not required. Accordingly, ratification of appointment of the statutory Auditors are not proposed at the ensuing 5th Annual General Meeting of the Company.

Prakash Joshi

Prakash Joshi (Querist)
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30 August 2022 Thank you very much sir.
I believe that pursuant to the amendment act 2017,the point reg re-appointment of auditors under ordinary business of calling the AGM by a small co. is no more required to be given Is there any need to be give note in the notice.

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