Auditor resignation_ urgent
This query is : Resolved
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 ?
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
(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).
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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