Max Payne (employed) (2569 Points)
18 January 2010The retiring auditor is not willing to be re-appointed. Hence board wants to propose another auditor.
Is it sufficient that the resolution to propose new auditor is circulated in the notice of AGM? Can it be treated as sufficient special notice if it is disclosed with 30 days gap?
This appointment of the new auditor is requires special notice but is ordinary business, correct?
Please give your reply... need to speak to a CS in a day's time... thanks in advance....
CourseCart.in
(Mentor at SHAYVIDZ Academy)
(3756 Points)
Replied 18 January 2010
Dear G.K.
Special Notice can be given by members of the company only..
If auditor is not willign to be reappointed then the BOD can propose a new auditor in the Notice of AGM..
Adarsh
Max Payne
(employed)
(2569 Points)
Replied 18 January 2010
Thanks adarsh... had a doubt cos a CS said we need special notice...
Kaushik
(Finance Manager)
(21 Points)
Replied 26 January 2010
Can anyone send me a format for letter for appointment of first auditors approved by AGM?
Kaushik
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 26 January 2010
| Originally posted by : Kaushik | ||
 |
Can anyone send me a format for letter for appointment of first auditors approved by AGM? Kaushik |
 |
SPECIMEN OF LETTER OF INTIMATION TO THE AUDITOR FOR APPOINTMENT
To,
M/s ABC & Associates
Chartered Accountants
Lucknow (UP)
Sub: Appointment as the auditors of the company
Dear Sir,
We are pleased to inform you that the Board of directors of the company at their first Board meeting held on 29th May, 2002 have appointed your firm as the Statutory Auditors of the company and to hold office upto the conclusion of the first annual general meeting of the company on such remuneration as may be decided by the Board.
You are requested to confirm your acceptance for our further needful.
Thanking you,
Yours faithfully,
For, AFA LIMITED
(ACME)
DIRECTOR
Encl.: Certified copy of the Resolution
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 26 January 2010
| Originally posted by : G.K.. | ||
|
The retiring auditor is not willing to be re-appointed. Hence board wants to propose another auditor. Is it sufficient that the resolution to propose new auditor is circulated in the notice of AGM? Can it be treated as sufficient special notice if it is disclosed with 30 days gap? This appointment of the new auditor is requires special notice but is ordinary business, correct? Please give your reply... need to speak to a CS in a day's time... thanks in advance.... |
|
Proper interpretation of section 225 is required here in this forum. There is no doubt special notice u/s 225 read with section 190 is required in your case as you are going to propose a resolution in ur AGM for the appointment of auditor other than a retiring one which is clearly cover by the language of section-225.
Unwillingness of existing auditor can not to accepted as an excuse to avoid compliance of section-225. So this appointment of the new auditor is requires special notice and it would be an ordinary business.
Best Regards
CAclubindia
