Holding of agm and appointment of auditor

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Abhijeet (Querist)
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13 October 2012 Details: XYZ Private Limited held its AGM for FY 2010-11 on 28.09.2011. In the AGM the Accounts could not be adopted because the Audited Accounts were not ready. In the said AGM the Company appointed Mr.P as Statutory Auditor in place of retiring Auditor Mr.Q. The AGM was then adjourned to 28.11.2011 for adopting the Audited accounts for the year 2010-11. No extension of time for holding AGM was sought from ROC. The AGM for the FY 2009-10 was held on 28.09.2010. The New Auditor Mr.P received communication from previous Auditor Mr.Q on 20.10.2011 and Signed the Audit report on 31.10.2011. The adjourned meeting was duly held on 28.11.2011 and adopted the audited accounts.
Query: 1. Considering that all formalities of Special Notice and representations are complied, whether the appointment of Mr.P is valid?
2. Whether Mr.P can do the Audit for the year 2010-11?
3. If appointment is valid then for which FY form 23B to be filed (for the FY 2010-11 or 2011-12), since the resolution appointing the new auditor says 'from the conclusion of this AGM to the Next AGM'.
4. Whether the Adjourned AGM is valid and within the time limit specified u/s 166(1) and u/s 210 of the Companies Act? (FY Apr to March)

Ajay Mishra

Ajay Mishra (Expert)
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13 October 2012 Hi

As you said in your query, you held your AGM for the FY 2010-11 on 28.09.2011 and at the AGM you appointed Mr. P in place of Mr. Q. In AGM dated 28.09.2011 you have appointed Mr. P for the Financial Year 2011-12 and not for 2010-11.
1.Ans: For the FY 2011-12 appointment of Mr. P is valid who is appointed on AGM 28.09.2011.
2. Ans: No, Mr. P is not appointed for 2010-11 in 28.09.2010 AGM so he will not be eligible.
3. Form-23B is required to be filed for the FY 2011-12 of Mr. P and for FY 2010-11 of Mr. Q.

Regards

Abhijeet

Abhijeet (Querist)
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14 October 2012 Thank you sir.
Since the previous auditor could not complete the audit in time due to his negligence, the company appointed new auditor. In this situation who will do the audit for the year 2010-11.
Regards.

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