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Appointment of first auditor

MOHAN AGRAWAL (Practice) (100 Points)

18 May 2013

Dear Friends,

Wether first auditor of the company is required to intimate ROC within 30 days of his appointment.

Wether he is also required to file Form 23B.

Thanks in advance....

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6 Replies

Piyush Tanwar (Assistant Manager - Accounts) (1432 Points)
Replied 18 May 2013

first auditor is not required to intimate to ROC!

required to fill 23B

satish kumar voleti (A.C.A., (ICWAI)) (1686 Points)
Replied 18 May 2013

Your are required to file form 23Bwith ROC....

Rahul garg (ca final student) (89 Points)
Replied 19 May 2013

i agree with satish kumar you are required to file 23b with roc

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 20 May 2013

Originally posted by : piyush tanwar
	first auditor is not required to intimate to ROC! required to fill 23B

There is no doubt about the observation of Mr. Piyush as provisions of Section 224(1) are restricted to the appointment of Auditor by AGM.

Section 224(5) is an independent one and there is no need to file Form-23B for the appointment of First Auditor.

However, if you still want to file form 23B, please go ahead as there is no harm in it.

Ankur

Dhruvi N suthar (Account Executive) (303 Points)
Replied 26 June 2013

Hello

Auditior neither have to intimate ROC nor have to file form 23B

Company have to inform ROC within 30 days regarding appointment of First Auditor.

umaa's legal clinic (simple solutions for complex legal issues) (165 Points)
Replied 26 June 2013

Dear Mohan Agarwal,

Your question is regarding filing of form 23B of appointment of first Auditor.

1. Sec.224(5) mandates appointment of first auditor within one month of date of registration of the company by the board of directors, if it fails to exercise such powers under this sub section the company may appoint first auditor at its annual general meeting(sec.224(5)(b).

2. Sec. 224(1A) mandates an auditor appointed under section 224(1) only to file form 23B but not the auditor appointed under sec.224(1A) or 224(5)(a).