Resignation of statutory auditor

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Pawan Kumar (Querist)
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18 March 2012 HI all

If a PCA wants to resign as statutory auditor of the pvt. ltd. company then what are the procedure he /she need to follow in relation of company and ROC.

Ajay Mishra

Ajay Mishra (Expert)
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19 March 2012 Hi

If your statutory auditor resign, then you will take the resignation of such auditor. Call a general meeting and appoint another as Statutory auditor for the financial year.

In this case there is no need to file Form-23B by the auditor for such appointment.

The company is not required to file any form with company.

Regards

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C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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20 March 2012 Once the statutory auditor resigns call BOD meeting and appoint another auditor who will hold the office till the next AGM and he shall be eligible to be reappointed.

The company need not file any document with ROC but the statutory auditor has to file the letter of acceptance in the particular form with ROC. On his failure to do so he or she may be required to pay penalty. Also note the the new auditor should also communicate with the retiring auditor otherwise he may be in difficulty for not following the the code of conduct and he should also obtain a letter of no objection from the retiring auditor.

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Ajay Mishra

Ajay Mishra (Expert)
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21 March 2012 Dear Agarwal.....

If the casual vacancy in the office of an auditor is caused by the resignation of an auditor, such vacancy shall only be filled by the company in general meeting. Read proviso of section 224(6)(a) of the Companies Act, 1956. The matter will be put before the company in EGM.

There is no need to file any form with ROC.

Regards

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