Removal of Auditor

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Hasmukh Nakarani (Querist)
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13 January 2010 Respected Expert,

Specificaly in case of Private Lmited company for removing existing auditor (not first Auditor)before AGM whether prior approval of Central Government is require or not?

CS Vandana Kacholia

CS Vandana Kacholia (Expert)
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13 January 2010 according to section 224(7), any auditor other than the first auditor appointed by the board, may be removed if

(1)an ordinary resolution is passed for that purpose at EGM and
(2) approval of central government i.e. regional director as central government's power under this section has been delegated to the RD of the DCA.

Regards

vijay singhal

vijay singhal (Expert)
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13 January 2010 ms vandana is absolutey correct

Hasmukh Nakarani

Hasmukh Nakarani (Querist)
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13 January 2010 Is it compalsory for Private company having share capital to take prior approval from Central government?
If YES then what procedure for getting approval from C.G. is to done?

CS Vandana Kacholia

CS Vandana Kacholia (Expert)
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14 January 2010 yes central government approval is required in above case.

procedure:

file e form 24A as an application to RD.
attach certified copy of board resolution to convene egm, copy of special notice, and copy of representation, if any, made by auditor.

Regards

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