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removal of subsequent statutory auditor

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Querist : Anonymous

Querist : Anonymous (Querist)

15 December 2009 a private limited company wants to remove its subsequent statutory auditor before the expiry of his term.

please explain the procedure along with secretarial compliance

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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15 December 2009 Subsequenty statutory auditor can be removed only in General Meeting and after taking approval of Central Government (RD).

Secretarial Practice:
(1) Special notice of his removal is necessary.
(2)He has right to make a written representation (with notice of GM) and oral representation at meeting. This representation may be rejected by company if company can prove it as defamatory.
(3)Make application to RD in e-form 24A and simultaneous application to RoC.
(4)On passing of resolution file e-form 23 with RoC along with fees.
(5)Appoint new auditor and take necessary certificate from him.

Regards
CS Pawan Kumar Baid

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