Case : X Ltd. was incorporated on 01-02-1998 and Mr. P was appointed as auditor by the Board of Directors in their meeting held on 03-03-1998.
According to sec. 224, the board of directors shall appoint the first auditor of a company within one month of the date of registration of the company by a valid resolution. Further, if the board fails to do so shareholders shall appoint first auditor in the general meeting.
In the present case the date of incorporation is 01-02-1998 and the directors have appointed Mr. P as the first auditor on 03-02-1998 i.e. to say after one month.
Query : was this appointment valid or it should be deemed as void so that it could give rise to the powers of Central Government conferred upon it by sec. 224(3)
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Appointment of Auditor u/s 224