Auditor removal before agm what is the procedure
This query is : Resolved
shailesh kd
(Querist)
17 September 2016
Auditor Removal Before AGM what is the procedure in company Act 2013.
what is the procedure to appoint Auditor After removal of the previous Auditor in middle of the year..
-- if BOD can Appoint new Auditor not taking approval of share holder in EGM.
-- And if EGM is not conducted BOD can Appoint Auditor in Board meeting..
-- RULEs For non-govt company only.
what is the procedure to appoint Auditor After removal of the previous Auditor in middle of the year..
-- if BOD can Appoint new Auditor not taking approval of share holder in EGM.
-- And if EGM is not conducted BOD can Appoint Auditor in Board meeting..
-- RULEs For non-govt company only.
CS Mitesh Mehta
(Expert)
17 September 2016
REMOVAL OF AUDITOR-Section 140 (1) and Rule 7
The auditor appointed under section 139 may be removed from his office before the expiry of the term only by –
(i) Obtaining the prior approval of the Central Government by filling an application in form ADT-2 within 30 days of resolution passed by the Board
(ii) The company shall hold the general meeting within sixty days of receipt of approval of the Central Government for passing the special resolution.
(iii) The auditor concerned shall be given a reasonable opportunity of being heard.
Appointment of subsequent auditor shall be by the members in general meeting. Such appointment shall be recommended to the members by the Audit Committee (if such committee has been constituted) or by the Board (where no audit committee has been constituted)
The auditor appointed under section 139 may be removed from his office before the expiry of the term only by –
(i) Obtaining the prior approval of the Central Government by filling an application in form ADT-2 within 30 days of resolution passed by the Board
(ii) The company shall hold the general meeting within sixty days of receipt of approval of the Central Government for passing the special resolution.
(iii) The auditor concerned shall be given a reasonable opportunity of being heard.
Appointment of subsequent auditor shall be by the members in general meeting. Such appointment shall be recommended to the members by the Audit Committee (if such committee has been constituted) or by the Board (where no audit committee has been constituted)
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