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change of Auditor

This query is : Resolved 

21 July 2011 Hi all

one of the joint auditors resigns from the auditorship and creating casual vaccancy, now question is that is it necessary to fill the casual vaccancy in general meeting or the company can continue with the existing auditors by resolving in the Board that the company can go ahead with the single auditors.

kindly suggest.

21 July 2011 No it is necessary to fill casual vaccancy in general meeting

21 July 2011 Thanks for such a prompt reply.

But can u support your answer by quoting sectins and/or decided case laws.

21 July 2011 Kindly refer section 224(6) of companies act, 1956 which says:

(6) (a) The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act:



Provided where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company in general meeting.


So while any such vacancy continues, the remaining auditor or auditors, if any, may act.

Regards

21 July 2011 I agree with the experts

21 July 2011 casual vaccancy need not to be fill in general meeting. casual vaccancy can be fill in board meeting if it is not due to resignation.


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