URGENT- Appt of new auditor- procedure

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 September 2010 Hi,
On 1/8/10, auditor resiged by sending resignation letter to the Pvt Ltd Co. Reason of resignation is time contraint and personal reason. Now,BoD wants to appt new auditor. What is the procedure for this and what forms need to be filed with RoC and time limit for holding meeting and filing forms. Auditor was suppose to do audit for FY 09-10

Ajay Mishra

Ajay Mishra (Expert)

03 September 2010 Dear Friend

An Auditor’s who resign from the post of auditor is legally authorized to audit of the account for the Financial Year 2009-10 because at the last AGM such auditor’s was appointed for the FY 2009-10.
The new auditor will appoint at the General Meeting held after resignation of earlier Auditors. The Board has no power to appoint new auditor in place of resigning directors.

Regards

Querist : Anonymous

Querist : Anonymous (Querist)

04 September 2010 Dear Mr.Ajay,

I am not an expert in corporate law but i feel that by holding EGM and through passing a ordinary resolution for appointing new auditor and filing that resolution vide form no.23 with RoC will sufficient for appointing a new auditor. If old auditor will be deemed to continue as you told,What if resigned auditor is not ready to do audit? Please correct me if i am wrong and what i say is possible, kindly let me also know the procedure for that.

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