Passing of circular resolution for appointment of auditors

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Khushbu (Querist)

12 March 2013 Hi...

Can a resolution for appointing new auditors to fill in casual vacancy caused due to resignation of earlier auditors be accepted by circular resolution and than by convening an EOGM, by the shareholders??

Please help.

Ajay Mishra

Ajay Mishra (Expert)

12 March 2013 Yes, you can.

Go to the following link, it will help you:

https://caclubindia.s3.amazonaws.com/cdn/files0512/10_resolution_passed_by_circulation_under_section_289_of_companies_act_1956.pdf

Ajay Mishra

Ajay Mishra (Expert)

12 March 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.

Khushbu

Khushbu (Querist)

12 March 2013 Dear Ajay Sir,

Thanx for your reply.

It means that it cannot be passed by circular resolution. Right??

Ajay Mishra

Ajay Mishra (Expert)

12 March 2013 yes you can pass resolution by circulation.

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