Ratification of auditors in agm

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SUMIT SINHA (Querist)
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26 May 2015 Dear experts as per section 139 of the companies act 2013, auditor of a co. is required to appointment for a term of five years subject to ratification by members every year. my question is whether the resolution or ratification by company is need to be intimated to ROC in ADT-1 OR any other form.

ACS Gurminder Dhami

ACS Gurminder Dhami (Expert)
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27 May 2015 As per 2nd,3rd & 4th proviso to section 139(1) consent, certificate and filing of form is required for appointment.

As per explanation to section 139(1) appointment includes re-appointment.

Since ratification is not included appointment and moreover in form ADT-1 tenure of auditor is mentioned for 5 years, hence there is no need to file ADT-1 or any other form for ratification.

However, as a better practice obtain consent, certificate at every AGM.

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