Appointment of auditor beyond 1 month of incorporation

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..

Replies (1)

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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