Auditor resignation_ urgent

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This query is : Resolved

praveen (Querist)

29 November 2018 Hi Sir,

As per the Companies Act, 2013 Casual vacancy Due to resignation should be filled by the BOD subject to approval of EGM with in 3 months.
In My case, Auditor Resigned on 03/08/2018, Financials Signed on 04/09/2018 & AGM date on 28/09/2018
Please help me out on complying with the Casual vacancy Procedures & date of Meetings to be held ?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

29 November 2018 1. Intimate the proposed auditor(s) regarding the intention of appointing him/it as auditor and ask whether he/ it is eligible and not disqualified to be appointed as auditor of the company.
2. Obtain consent & certificate from auditor.
3. If Audit Committee required to be constituted under section 177, then obtain its recommendation (Section 139(11)).
4. Call Board meeting ON say e.g. 04/08/2018 for the purpose of following:-
• Appointment of auditor in casual vacancy.
• Considering that the qualification & experience are commensurate with the size & operations of the company.
• Recommending the members to approve the appointment.
• Calling of EGM(to be held within 3 months from date of Board meeting) BEFORE 04/09/2018
5. Intimate the Auditor and file with ROC form ADT-1within 15 days of EGM(since the appointment is not final until approval of members).

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