Auditor appointment in casual vacancy

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

01 June 2017 Hi all,

My query is- What if the board fails to fill the casual vacancy of auditor as per sec 139(8)(i) within 30 days? will shareholders appoint in EGM? If yes, in how many days?

Please reply asap.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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01 June 2017 If casual vacancy arise due to Resignation, appointment of subsequent auditor shall be approved by the Company in General Meeting within 3 months from the recommendation by the Board.

If casual vacancy arise due to reason other than Resignation Vacancy shall be filled by the Board of Directors within 30 days

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Querist : Anonymous

Querist : Anonymous (Querist)

02 June 2017 My Query is- Can Shareholders itself appoint in EGM when Board fails to even recommend in 30 days of casual vacancy by resignation?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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02 June 2017 There is no such provisions under the Companies Act, 2013

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