Appoitment of auditors

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This query is : Resolved

CA Deepak Kumar K.R. (Querist)

28 February 2015 Hai All Please let me know the difference between Sec 139(1) & 139(2) with regards to tenure(term) to hold office of auditor. Thanks in advance

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

02 March 2015 In term of section 139(1) of the Companies Act, 2013 read with rule 3 of Companies (Audit and Auditors) Rules, 2014 every company shall at the first annual general meeting, appoint an individual or a
firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting (AGM) and thereafter till the conclusion of every sixth meeting

In terms of Section 139(2) Listed company or all unlisted public companies having paid up share capital of Rs. 10 crore or more, all private limited companies
having paid up share capital of Rs. 20 crore or more, all companies having public borrowings from financial institutions, banks or public deposits of Rs. 50 fifty crores or more shall not appoint or re-appoint an individual as auditor for more than one term of 5 consecutive Years;
and an audit firm as auditor for more than two terms of 5 consecutive years. These auditor (either individual/audit firm) can be re-appointed after cooling off period of 5 years. Three years transition period will be given to comply this requirement.