Appointment of ''first auditors '' by pvt ltd company in first board meeting

Pvt ltd 1045 views 4 replies

Hi  Everyone ,

Pls advise on this. 

Is it compulsory to apppoint first auditors for Pvt Ltd Company in first board meeting by Board of Directors (within 30 dasy of incorporation) ? If not so , Can shareholders  appoint first auditors  ?  

Note : DIRECTORS AND SHAREHOLDERS ARE ONE AND THE SAME in above mentioned Pvt Ltd Company  ( There are 2 shareholders who are also directors).

Replies (4)
139(6) Notwithstanding anything contained in sub-section [1], the first auditor of a company, other than a Government company, shall be appointed by the Board of Directors within thirty days from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.

Therefore, if board fails, members at EGM can appoint auditor. Filing of ADT-1 is discretionary in case of first auditor of company
who's have filed the GST Return
@ subhagan Pardon?

Dear Friend,

Yes it is must to appoint the 1st auditor within 30days of the incorporation. Generally the 1st Board meeting is conducted mainly for the purpose of fulfilling these compliances and in addition other issues like Bank account opening, Issue of share certificates within 60 days of incorporation etc. 

If you fail to do so, then you need to conduct an EGM within 90 days and can appoint the auditors. 

It is better to conduct the 1st Board meeting at a shorter notice and complete all the necessary formalties as per the Companies Act within 30 days. 

Regards


CCI Pro

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