Appointment of first auditor

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Querist : Anonymous

Querist : Anonymous (Querist)

31 July 2012 my co. formed june 2011 & till date i cannot appoint auditor pls anyone explain me how i appoint first auditor what are the requirement for that. is there any requirement requirement to file form 23B with roc.
thanx in advance

Ajay Mishra

Ajay Mishra (Expert)
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31 July 2012 Hi

Appointment of first auditors:

As per section 224(5), the first auditor or auditors of a company shall be appointed by the Board of directors within one month of the date of registration of the company; and the auditor or auditors so appointed shall hold office until the conclusion of the first annual general meeting. Following provisions are related to the matter:
(i) Appointment of first auditors in general meeting.—A company in general meeting may appoint the first auditor or auditors if the Board of directors fails to exercise its power of appointment of first auditors within one month of the date of incorporation of the company.
(ii) Appointment of first auditors through Memorandum and Articles of Association.—The Institute of Chartered Accountants of India has expressed its opinion vide Compendium of Opinion Volume No. 1 that the appointment of first auditors through the Memorandum and Articles of Association of the newly floated private company is not a valid appointment.
(iii) Removal of first auditors.—The company may, at a general meeting, remove first auditor(s) or all or any of such auditors and appoint in his or their places any other person or persons who have been nominated for appointment by any member of the company and of whose nomination notice has been given to the members of the company not less than fourteen days before the date of the
meeting.
(iv) Tenure of office of the first auditor.—The first auditor(s) shall hold office until the conclusion of the first annual general meeting of the company and then be eligible for re-appointment.
3. Appointment of other than first auditors
Section 224(1) state that every company shall, at each annual general meeting, appoint an auditor or auditors to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting.

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Rohit Agarwal

Rohit Agarwal (Expert)
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31 July 2012 The 1st Auditor of a company shall be appointed withinn 30days of the date of regn.

However, if the board fails to do so the company in GM may appoint the first auditors.

Form 23b is to be filed by the auditor.

CA.Ganesh

CA.Ganesh (Expert)
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31 July 2012 wait for other experts reply

Ajay Mishra

Ajay Mishra (Expert)
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31 July 2012 Hi Ganesh....

You have any answer on the query, I am waiting your reply.

Guest

Guest (Expert)

31 July 2012 You can appoint auditor in back date i.e. within 30 days of incorporation of company. However, it is not a good corporate practice. Pls be vigilent next time.

SANYAM ARORA

SANYAM ARORA (Expert)
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31 July 2012 Agree with the reply

CA.Ganesh

CA.Ganesh (Expert)
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02 August 2012 Agreeing with Ms.Neha Jain

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