Appointment of auditor

Venkatesh Dangeti

CA Final

885 Points Posted on 27 February 2017

yes. if BOD fails to appoint, share holders can appoint in next 90 days

Ravi Kiran Vustela

Knowledge Seeker

1353 Points Posted on 28 February 2017

you can appoint auditor after 30 days.... provided if auditor is willing to give appointment from back date(within 30 days of incorporating)

Venkatesh Dangeti

CA Final

885 Points Posted on 28 February 2017

ADT 1 cant be filed with back date

Ravi Kiran Vustela

Knowledge Seeker

1353 Points Posted on 28 February 2017

for first auditor appointed by bod ..ADT1 not required

Ravi Kiran Vustela

Knowledge Seeker

1353 Points Posted on 28 February 2017

if you still want to file ADT 1... u can For example auditor appointed after 30 days.. Let's say 36th day..but auditor gave appointment as 29th day..cant we file it in next 15 days?

Venkatesh Dangeti

CA Final

885 Points Posted on 28 February 2017

Sir,

is ADT-1 still required to be filed as an attachment to GNL-2??

or it can be filed directly??

Ravi Kiran Vustela

Knowledge Seeker

1353 Points Posted on 28 February 2017

form ADT-1 available w.e.f. 20 October 2014. Prior to 20 October 2014, it was required to be filed as
attachment to E-form GNL-2. Refer Circular 09/2014 dated 25 April 2014

kiran

Student

98 Points Posted on 28 February 2017

Since the question is specifying appointment of auditor within 30 days of incorporation it is a Private Company (Other than a Government Company).

As per section 139 of companies Act 2013 for a Non-Government Company Appointment of first auditor should be made within 30 days from date of registration of Company by Board of Directors (BOD).

Incase of BOD fails to appoint the members of the company has to appoint within 90 days from the date of failure of BOD.

CONCLUSION:

If the BOD fails to appoint within 30 days then members of the company can appoint within 90 days.So it is not mandatory but better to follow the provisions.