Audiotr refusese appointment
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 March 2010
Hi there,
These are my findings below :
where an auditor appointed at an annual general meeting (U/S224(1)refuses to accept the appointment., the appointment can not be regarded as complete and effective, because it can be so regarded only when the appointment is accepted by the auditor.
Should the Pvt ltd co hold an EGM
Or
Do they follow the below Procedure:
In this situation also, it may be regarded that no auditor had been appointed by the company at its annual general meeting and thereupon the Central Government would be
eligible to appoint the auditor to fill the vacancy. For this purpose, an application has to be made by the company to the Regional Director (to whom the powers have been delegated under sub-sections (3), (4) and (8)(a) of sections 224), within 7 days of the conclusion of the meeting, for appointment of an auditor and fixing his remuneration.
There is no prescribed form of application but the application must disclose with sufficient details, the circumstances attending the failure of the company in the annual general meeting to appoint auditors
The company shall, within seven days of the failure to appoint auditors, give
notice of that fact to the Government under section 224(3)
Board of Directors cannot be authorized by the shareholders to appoint new auditors, in case the auditors appointed in the annual general meeting refuse to accept the
appointment.
These are my findings below :
where an auditor appointed at an annual general meeting (U/S224(1)refuses to accept the appointment., the appointment can not be regarded as complete and effective, because it can be so regarded only when the appointment is accepted by the auditor.
Should the Pvt ltd co hold an EGM
Or
Do they follow the below Procedure:
In this situation also, it may be regarded that no auditor had been appointed by the company at its annual general meeting and thereupon the Central Government would be
eligible to appoint the auditor to fill the vacancy. For this purpose, an application has to be made by the company to the Regional Director (to whom the powers have been delegated under sub-sections (3), (4) and (8)(a) of sections 224), within 7 days of the conclusion of the meeting, for appointment of an auditor and fixing his remuneration.
There is no prescribed form of application but the application must disclose with sufficient details, the circumstances attending the failure of the company in the annual general meeting to appoint auditors
The company shall, within seven days of the failure to appoint auditors, give
notice of that fact to the Government under section 224(3)
Board of Directors cannot be authorized by the shareholders to appoint new auditors, in case the auditors appointed in the annual general meeting refuse to accept the
appointment.
31 March 2010
Hello,
If auditor refuses to accept appointment it shall be deemed that no auditor or auditors had been appointed by the company at its annual general meeting and the power of the Central Government under section 224(3), to appoint auditors becomes exercisable.
Appointment of auditor by the Central Government (Regional Director)
Section 224(3) provides that if no auditors are appointed or re-appointed at an annual general meeting of a company, the Central Government may appoint a person to fill the vacancy. Therefore, the power of the Central Government to appoint auditors becomes exercisable when no auditors are appointed or reappointed at an annual general meeting of a company.
The Company is required to give intimation electronically to the Regional Director (Powers of the Central Government were delegated to the Regional Director) vide Notification No. GSR 288(E) dated 31st May, 1991) in new e-Form 24A prescribed by Notification No. GSR 56(E) dated 10th Feb., 2006.
Obligation has been cast on the company that within seven days of the Central Government's power u/s 224(3) becoming exercisable, it shall give a notice of that fact to that Government; and if a company fails to give such notice, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees.
Circular No. 5 of 1972, dated 21-2-1972 inter alia provides that the Government's power to appoint auditors under section 224(3) becomes available where at an AGM no auditors are appointed or re-appointed. Where auditors are not appointed, section 224(3) becomes attracted in the matter.
No fee is required to be paid for intimation under section 224(4)
As per the Department's Letter No. 35/16/69-CL-III, dated 1-11-1971 the Department is of the view that notices under section 224(4) cannot be considered as applications under the Companies (Fees on Application) Rules and as such are not chargeable with the prescribed fees.
On receipt of such notice in the prescribed e-Form 24A, it is the statutory duty of the Regional Directors to appoint auditors under section 224(3). No fee is chargeable on such notices for appointment of auditors under section 224(3).
Best Regards
If auditor refuses to accept appointment it shall be deemed that no auditor or auditors had been appointed by the company at its annual general meeting and the power of the Central Government under section 224(3), to appoint auditors becomes exercisable.
Appointment of auditor by the Central Government (Regional Director)
Section 224(3) provides that if no auditors are appointed or re-appointed at an annual general meeting of a company, the Central Government may appoint a person to fill the vacancy. Therefore, the power of the Central Government to appoint auditors becomes exercisable when no auditors are appointed or reappointed at an annual general meeting of a company.
The Company is required to give intimation electronically to the Regional Director (Powers of the Central Government were delegated to the Regional Director) vide Notification No. GSR 288(E) dated 31st May, 1991) in new e-Form 24A prescribed by Notification No. GSR 56(E) dated 10th Feb., 2006.
Obligation has been cast on the company that within seven days of the Central Government's power u/s 224(3) becoming exercisable, it shall give a notice of that fact to that Government; and if a company fails to give such notice, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees.
Circular No. 5 of 1972, dated 21-2-1972 inter alia provides that the Government's power to appoint auditors under section 224(3) becomes available where at an AGM no auditors are appointed or re-appointed. Where auditors are not appointed, section 224(3) becomes attracted in the matter.
No fee is required to be paid for intimation under section 224(4)
As per the Department's Letter No. 35/16/69-CL-III, dated 1-11-1971 the Department is of the view that notices under section 224(4) cannot be considered as applications under the Companies (Fees on Application) Rules and as such are not chargeable with the prescribed fees.
On receipt of such notice in the prescribed e-Form 24A, it is the statutory duty of the Regional Directors to appoint auditors under section 224(3). No fee is chargeable on such notices for appointment of auditors under section 224(3).
Best Regards
31 March 2010
Hello,
If auditor refuses to accept appointment it shall be deemed that no auditor or auditors had been appointed by the company at its annual general meeting and the power of the Central Government under section 224(3), to appoint auditors becomes exercisable.
Appointment of auditor by the Central Government (Regional Director)
Section 224(3) provides that if no auditors are appointed or re-appointed at an annual general meeting of a company, the Central Government may appoint a person to fill the vacancy. Therefore, the power of the Central Government to appoint auditors becomes exercisable when no auditors are appointed or reappointed at an annual general meeting of a company.
The Company is required to give intimation electronically to the Regional Director (Powers of the Central Government were delegated to the Regional Director) vide Notification No. GSR 288(E) dated 31st May, 1991) in new e-Form 24A prescribed by Notification No. GSR 56(E) dated 10th Feb., 2006.
Obligation has been cast on the company that within seven days of the Central Government's power u/s 224(3) becoming exercisable, it shall give a notice of that fact to that Government; and if a company fails to give such notice, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees.
Circular No. 5 of 1972, dated 21-2-1972 inter alia provides that the Government's power to appoint auditors under section 224(3) becomes available where at an AGM no auditors are appointed or re-appointed. Where auditors are not appointed, section 224(3) becomes attracted in the matter.
No fee is required to be paid for intimation under section 224(4)
As per the Department's Letter No. 35/16/69-CL-III, dated 1-11-1971 the Department is of the view that notices under section 224(4) cannot be considered as applications under the Companies (Fees on Application) Rules and as such are not chargeable with the prescribed fees.
On receipt of such notice in the prescribed e-Form 24A, it is the statutory duty of the Regional Directors to appoint auditors under section 224(3). No fee is chargeable on such notices for appointment of auditors under section 224(3).
Best Regards
If auditor refuses to accept appointment it shall be deemed that no auditor or auditors had been appointed by the company at its annual general meeting and the power of the Central Government under section 224(3), to appoint auditors becomes exercisable.
Appointment of auditor by the Central Government (Regional Director)
Section 224(3) provides that if no auditors are appointed or re-appointed at an annual general meeting of a company, the Central Government may appoint a person to fill the vacancy. Therefore, the power of the Central Government to appoint auditors becomes exercisable when no auditors are appointed or reappointed at an annual general meeting of a company.
The Company is required to give intimation electronically to the Regional Director (Powers of the Central Government were delegated to the Regional Director) vide Notification No. GSR 288(E) dated 31st May, 1991) in new e-Form 24A prescribed by Notification No. GSR 56(E) dated 10th Feb., 2006.
Obligation has been cast on the company that within seven days of the Central Government's power u/s 224(3) becoming exercisable, it shall give a notice of that fact to that Government; and if a company fails to give such notice, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees.
Circular No. 5 of 1972, dated 21-2-1972 inter alia provides that the Government's power to appoint auditors under section 224(3) becomes available where at an AGM no auditors are appointed or re-appointed. Where auditors are not appointed, section 224(3) becomes attracted in the matter.
No fee is required to be paid for intimation under section 224(4)
As per the Department's Letter No. 35/16/69-CL-III, dated 1-11-1971 the Department is of the view that notices under section 224(4) cannot be considered as applications under the Companies (Fees on Application) Rules and as such are not chargeable with the prescribed fees.
On receipt of such notice in the prescribed e-Form 24A, it is the statutory duty of the Regional Directors to appoint auditors under section 224(3). No fee is chargeable on such notices for appointment of auditors under section 224(3).
Best Regards
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 March 2010
Many Thanks for ur response does the Private limited company need to conduct EGM or can they directly inform to the Regional Director (U/s224(3) (4) (8) (a)
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 March 2010
Many Thanks for ur response does the Private limited company need to conduct EGM to approach the REgional Director or can the Private limited comapny directly inform to the Regional Director (U/s224(3) (4) (8) (a) without having any EGM
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 March 2010
thanks i got the point
31 March 2010
Welcome.
Company can directly inform the Regional Director (U/s224(3) (4) without having any EGM.
Regards
Company can directly inform the Regional Director (U/s224(3) (4) without having any EGM.
Regards
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Treatment of Proceeds from sale of Jointly held Flat
- LTCG ON SALE OF RESIDENTIAL LAND
- TDS Under Section 194IA Where More than one Buyer and More than one Seller
- Refund of return filed for deceased
- LTCG loss on delisted shares
- ISSUANCE OF TAX INVOICE IF CAR/BIKE SOLD SHOWN IN FIXED ASSET
- Want to zero reversal electronic credit reversal ledger
- GSTR 1 CAN NOT BE FILED AFTER 3 YEARS
- Input credit on sports event
- When the late filing credit will available to ISD for Distribution
- Interest on Capital-Partnership Firm
- 80G deduction eligibility
- Amount received in account which was given to sons as gift
- GST on Tobacco - as per new notification
- Cant amend a 26QB
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Composition Dealer GST Annual Return Filing process
- TDS under section 195.
- Filing GST Returns after death of proprietor
- Registered Required in GST Act
Trending Online Classes
-
Online GST Course - Master the Fundamentals of GST with Practical Insights
Ruhi Joshirao19 January 2026
CAclubindia
