How to remove previous ca without his consent

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This query is : Resolved

Manoj (Querist)

23 September 2017 Previous ca of company neither cooperating nor resigning himself and we being a private limited company near to agm.Now we want to appoint another ca and new ca send him NOC but previous ca replied in a manner that he would not resign.

Now what we can do??

Kindly post your expert reply at the earliest

thanks

Manoj

Manoj (Querist)

23 September 2017 kindly tell its urgent

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

23 September 2017 Removal before the expiry of term[Section 140(1)]-

The auditor may be removed from the office before the expiry of his term only by passing a Special Resolution(SR), after obtaining the prior approval of the Central Government(CG).

(1) The application to the CG for removal of auditor shall be made in Form ADT-2.

(2) The application shall be made within 30 days of passing the resolution in the meeting of the board.

(3) The company shall hold a general meeting(EGM) within 60 days of receipt of approval of the CG for passing the SR.

It must be mentioned here that before taking any action under this sub-section, the auditor must be given a reasonable opportunity of being heard.

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