Hi Friends,
A client of mine has registered a Pvt. Ltd. company on 13th Jan 2009. The bank account of the company was opened in April 2009 and capital contributed by members in April itself. The company has not appointed an auditor within 30 days of incorporation nor has it held any meetings since incorporation. I want to be appointed as auditor of the company and perform its tax audit for FY 2009-2010. Since the incorporation date is 13th Jan 2009 the AGM should be held by 12th July 2010 (18 months). However i have obtained the Firm Registration letter from ICAI only on 06th July 2010.
Is it possible to show another CA Firm (say XYZ) was appointed as audior in board meeting within 30 days of incorporation and get the ROC and income tax return filed from 13th Jan 2009 to 31st March 2010 (2 1/2 months) and show that AGM was held before 31st Dec 2009 wherein the same CA was continued till next AGM. Then in July this CA vacated the office and i was appointed as a CA through General meeting.
If yes....then what is the procedure for creating the vacany and appointing myself as CA. (whether it should be through special or ordinary resolution).
If no....is there any way by which i can be appointed as CA to audit the accounts for FY 2009-2010.
CAclubindia
