Casual vacancy - auditor
This query is : Resolved
19 November 2015
Please suggest the steps We need to follow on following issues:-
The Auditor has resigned from a pvt ltd company due to personal incompetence. the BOD has approached a new auditor to fill the casual vacancy & he has accepted it.
What are the compliance procedure for MCA Filings for both company & new Auditor.
The Auditor has resigned from a pvt ltd company due to personal incompetence. the BOD has approached a new auditor to fill the casual vacancy & he has accepted it.
What are the compliance procedure for MCA Filings for both company & new Auditor.
19 November 2015
Sectio 139(8) of Companies Act, 2013 deals with such matter:-
a. The Board of Directors may fill any casual vacany in the office of an auditor within 30 days.
b. If any casual vacancy in the office of an auditor is caused by the resignation of an auditor , such vacancy shall only be filled by the company in the general meeting convened within 3 months of the recommendation of Board.
c. Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
d. In case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor General of India, be filled by the Comptroler and Auditor General of India within 30 days. If vacancy is not filled by the Comptroller and Auditor General of India within 30 days, the Board of Directors shall fill the vacancy within next 30 days.
Section 140 (2) read with rule 8 of the Companies ( Audit and Auditors) Rules 2014, the auditor who has resigned from the company shall file a statement in the Form ADT-3 within a period of 30 days from the date of resignation with the company and the Registrar, and in case of Govt company, the auditor shall also file such statement with the Comptroller and Auditor General of India, indicating the reasons and other facts as may be relevant with regard to his resignation.
you can follow the link
https://www.forum.charteredclub.com/threads/procedure-in-case-of-casual-vacancy-of-auditor.2402/
a. The Board of Directors may fill any casual vacany in the office of an auditor within 30 days.
b. If any casual vacancy in the office of an auditor is caused by the resignation of an auditor , such vacancy shall only be filled by the company in the general meeting convened within 3 months of the recommendation of Board.
c. Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
d. In case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor General of India, be filled by the Comptroler and Auditor General of India within 30 days. If vacancy is not filled by the Comptroller and Auditor General of India within 30 days, the Board of Directors shall fill the vacancy within next 30 days.
Section 140 (2) read with rule 8 of the Companies ( Audit and Auditors) Rules 2014, the auditor who has resigned from the company shall file a statement in the Form ADT-3 within a period of 30 days from the date of resignation with the company and the Registrar, and in case of Govt company, the auditor shall also file such statement with the Comptroller and Auditor General of India, indicating the reasons and other facts as may be relevant with regard to his resignation.
you can follow the link
https://www.forum.charteredclub.com/threads/procedure-in-case-of-casual-vacancy-of-auditor.2402/
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- STCG....................................................
- Section 54F - Exemption on LTCG in 2026 for HP purchased in 2023
- AMOUNT RECEIVED UNDER COMPULOSRY ACQUISITION OF AGRICULTURAL LAND
- TAN for Partnership
- Treatment of Pension ?annuity returns on PMVY
- Long Term Service award taxability in hands of company
- Free lancer income
- Last year TDS Claim
- Specified Profession
- STCG FOR GOLD ETFs
- Soyabean hsn code and gst rate
- NON- SUBMISSION OF LLP FORM 3
- Gst invoice numbering and delivery challan numbering
- Standard Deduction claim for EPFO Pension and ICICI Prudential Life Annuity
- Small dealers gst returns filing
- Sales amount in Gstr1
- CG after sale of flat
- E Commerce GSTR1 & 3B how to file
- Nomination of Bank for refund in itr 2
- GST Cancellation without jurisdiction
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
