Casual vacancy in office of auditor

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PRATEEK GOYAL (Querist)
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26 August 2013 For how long could there be a vacancy in the office of the auditor in a private limited company?

Facts are that auditor had resigned from office. How much time is there with the board to fill the vacancy by calling an EGM???

Ajay Mishra

Ajay Mishra (Expert)
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26 August 2013 Hi

It will be depend on different situation.

For example:

1.If your auditor is resigned after signing of Audit Rport, then you can appoint an other auditor before the issue of notice for calling of AGM.

Reason being in the notice of AGM one ordinary business is appointment of AGM.

2. If your auditor is resigned before signing of audit report then you can called a general meeting for any time to appoint auditor.

The time period is not given for Board or shareholders to call EGM to fill casual vacancy.

In Companies Bill 2013, it is given 90 days from the intimation from Board to call EGM.

Ajay Mishra

Ajay Mishra (Expert)
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26 August 2013
Procedure to Appoint of Auditor and file Form 23B (Appointment of Auditor)

1. The Company will call a Board Meeting after resignation of auditor to accept resignation of old auditor, fill a casual vacancy by new auditor and call a general meeting.
2.The company will appoint new statutory auditor at general meeting
3.Send letter of appointment to auditor within seven days from the appointment.
4. The auditor give letter of acceptance as auditor to the company and send a copy of the same to the old auditor of his appointment.
5. The auditor also intimate ROC in Form 23B within 30 days from the date of acceptance of letter of appointment.
6. Form 23B can be download from www.mca.gov.in
7. Letter of appointment will be attached with Form 23b.
8. The SRN no will be generated with fee.

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