Appointment of auditor beyond 1 month of incorporation

Pvt ltd 442 views 1 replies
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Partner in MULANI BHANSARI & SHAH
142 Points Joined January 2010

What if the directors of the Private Limited Company fail to appoint Auditor within 1 month of incorporation of company..

 

For eg. Pvt Ltd Company incorporated on 01.07.2013 and Auditor not appointed within 1 month of incorporation.

 

What shall be the best remedy available if they wish to appoint the Auditor for getting the books audited for the FY 2013-14 on 29.06.2014?

 

Whether provisions of New Companies Act, 2013 shall apply or old provisions of Companies Act, 1956 shall apply? 

Awaiting you suggestions / ideas..

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On 29 June 2014 at 20:07 Report
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Registered independent director Past Ch
8229 Points Joined March 2007

It is a case of contravention of Sec.224(5) of CA 1956.  Now since Sec.139 of CA 2013 has been notified from 1.4.2014, appointment will have to be made by the EGM u/s 139(6).

 

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On 30 June 2014 at 15:57


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