LIVE GST Audit Course by CA Sachin Jain. Register Now!!

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

Naveen Reddy ( Article Student) (82 Points)

21 September 2018

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).

Reply
Follow
Share

4 Replies

Vatsla Alagh (1545 Points)
Replied 21 September 2018

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

subhagan sreerangam (7039 Points)
Replied 24 September 2018

who's have filed the GST Return

Vatsla Alagh (1545 Points)
Replied 24 September 2018

@ subhagan Pardon?

Bharath (C.A,C.S) (3983 Points)
Replied 27 September 2018

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

1 Like