Casual vacancy other than resignation

This query is : Open

CA Hiren Thakkar (Querist)
Follow

18 December 2014 Casual vacancy arouse because of Merger of 2 CA Firms. I think it should be treated as Casual Vacancy other than Resignation. Please correct me, if i am wrong.

Also please let me know the procedure for filling up the casual vacancy and MCA Filling thereafter.

Thanks is advance...

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
Follow

18 December 2014 the ans is yes, its casual vacancy reason of non reisgnation.

CA Hiren Thakkar

CA Hiren Thakkar (Querist)
Follow

18 December 2014 Thanks....can you let me know the procedure and MCA filling requirements for the same...

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
Follow

18 December 2014 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 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).
5. Intimate the Auditor and file with ROC form ADT-1 within 15 days of EGM(since the appointment is not final until approval of members).

CA Hiren Thakkar

CA Hiren Thakkar (Expert)
Follow

18 December 2014 I think EGM is not needed since this is other than resignation case as per sec 139(8) of new Co's act 2013

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
Follow

18 December 2014 no, mitesh mehta is correct, egm is very much required as prescribed.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
Follow

18 December 2014 Instances of casual vacancy are 1)Death 2)• Resignation 3) Disqualification – If an existing auditor gets disqualified under Section 141 then he shall inform the company and the situation will be treated as casual vacancy (Section 141(4)) & 4)Failure of ratification at AGM

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
Follow

18 December 2014 Instances of casual vacancy are 1)Death 2) Resignation 3) Disqualification – If an existing auditor gets disqualified under Section 141 then he shall inform the company and the situation will be treated as casual vacancy (Section 141(4)) & 4)Failure of ratification at AGM

CA Hiren Thakkar

CA Hiren Thakkar (Expert)
Follow

18 December 2014 https://www.lawnotes.in/Section_139_of_Companies_Act,_2013
Please refer the link... I think EGM is not needed as per section 139 sub section 8.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now