Resignation of auditor before expiry of his term
This query is : Resolved
20 November 2014
Respected members, please solve my querry.
I want to know which class of co. has to file ADT-2 for Central Government approval.
I want to know which class of co. has to file ADT-2 for Central Government approval.
20 November 2014
If auditor resigned before the expiry of the appointed term [section 140(2)] form ADT-3 ( not ADT-2) has to be filed with respect to all companies. The auditor has to file this to the company and to the ROC and in case of govt company etc [section 139(5)] to the C&AG as well.
20 November 2014
Sir, can u please tell me procedure for taking resignation of xisting auditor and simultaneously appointing new auditor
20 November 2014
(i) BOD to appoint within 30 days of resignation.
(ii) Members should approve in EGM to be convened with in 3 months on the recommendation of the board.
(iii) Per section 139(8)(i) of 2013 act.
(ii) Members should approve in EGM to be convened with in 3 months on the recommendation of the board.
(iii) Per section 139(8)(i) of 2013 act.
20 November 2014
Sir, please tell me about the meetings to be conducted for taking resignation.
21 July 2025
Here’s a concise explanation about the procedure and meetings related to auditor resignation before expiry of term under Companies Act, 2013:
1. Filing on Resignation
When an auditor resigns before the expiry of their term, Form ADT-3 (Notice of Resignation by Auditor) must be filed by the auditor.
This form is filed with:
The Company,
The Registrar of Companies (ROC), and
In case of Government companies, also to C&AG (Comptroller and Auditor General).
2. Board Meeting after Resignation
The Board of Directors (BOD) must hold a meeting within 30 days of receiving the resignation to:
Take note of the resignation.
Appoint a new auditor to fill the casual vacancy caused by the resignation.
3. General Meeting
After the Board appoints the new auditor, an Extraordinary General Meeting (EGM) of members must be called within 3 months of the Board meeting.
The members must approve the appointment of the new auditor at this EGM.
4. Important Points
If the Board fails to appoint a new auditor within 30 days, the members must appoint one within the next 90 days at a general meeting.
The new auditor’s appointment is subject to approval by the members at the EGM.
The procedure is governed under Section 139(8)(i) of the Companies Act, 2013.
1. Filing on Resignation
When an auditor resigns before the expiry of their term, Form ADT-3 (Notice of Resignation by Auditor) must be filed by the auditor.
This form is filed with:
The Company,
The Registrar of Companies (ROC), and
In case of Government companies, also to C&AG (Comptroller and Auditor General).
2. Board Meeting after Resignation
The Board of Directors (BOD) must hold a meeting within 30 days of receiving the resignation to:
Take note of the resignation.
Appoint a new auditor to fill the casual vacancy caused by the resignation.
3. General Meeting
After the Board appoints the new auditor, an Extraordinary General Meeting (EGM) of members must be called within 3 months of the Board meeting.
The members must approve the appointment of the new auditor at this EGM.
4. Important Points
If the Board fails to appoint a new auditor within 30 days, the members must appoint one within the next 90 days at a general meeting.
The new auditor’s appointment is subject to approval by the members at the EGM.
The procedure is governed under Section 139(8)(i) of the Companies Act, 2013.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Section 270A penalty
- GSTR 1- Amend Credit Note
- Supply to unit situated in SEZ
- International transfer pricing- -> father entity vs son entity ->WHERE NO mutual say in management
- TDS AFTER SUBMISSION OF 15G OR H
- Tax liability on gift amount given to blood relation
- TDS- defaults - old period ie. F.Y. 2012-2013 etc, etc
- Reimbursement of expense- GST applicable or not
- Acting as an Agent
- Gst registration rule 14A
- GSTR 9C- Table 9
- GST Registration Application -Rejected
- Problem in filing Returns for International workers in EPFO
- Clarification for reversal of IGST on transfer of duty-free imported goods from EOU to DTA unit
- EXCESS CREDIT REALTED GST REVERSAL
- Export invoice not reported
- CA Articleship Extension Matter
- GST OFFICER WRONG NOTICE
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Composition Dealer GST Annual Return Filing process
Trending Online Classes
-
Live Course on GSTR 9 & 9C for FY 24-25(Detailed discussions, FAQ, Case studies and Live demo of GSTR 9/9C on GST Portal)
Industry Expert16 November 2025
CAclubindia
