AUDITOR APPOINTMENT in case of resignation

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Hai all

A company Incorporated in 2018 failed to Audit FY21-22,FY22-23,FY23-24. Previous Auditor Resigned on May 2024 and from that the post is vaccant . Now the company wants to file FY23-24. What should be date of EGM and Auditor appointment ? What will be the penalty for this? What should be the date for Financials ?

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Quick Summary
This discussion addresses the crucial steps a company must take when its auditor resigns, leaving a gap in financial reporting. It outlines the process of appointing a new auditor, including convening an Extraordinary General Meeting (EGM) and determining appropriate dates for the EGM and the auditor's appointment. The advice also touches upon potential penalties for missed audits under the Companies Act and clarifies the date requirements for financial statements.

Resolving the Issue of Missed Audits and Filing -

 *Appointment of New Auditor*: The company needs to appoint a new auditor to conduct the audits for the missed years. -

*Extraordinary General Meeting (EGM)*: The company should convene an EGM to appoint the new auditor. Date of EGM and Auditor Appointment -

 *EGM Date*: The EGM can be convened on a date that allows for timely appointment of the new auditor. -

 *Auditor Appointment Date*: The auditor should be appointed for a term that covers the missed audit years. Penalty for Missed Audits -

 *Penalty under Companies Act*: The company may face penalties under the Companies Act, 2013, for failing to comply with audit requirements.

- *Penalty Amount*: The penalty amount would depend on the specific provisions of the Act and the circumstances of the case. Financials Date - 

*Financial Statements*: The financial statements for FY23-24 should be prepared as of March 31, 2024. -

 *Audit Report*: The audit report should be dated after the completion of the audit procedures. Steps to Resolve the Issue

1. *Convene EGM*: Convene an EGM to appoint a new auditor.

 2. *Appoint Auditor*: Appoint the new auditor for a term that covers the missed audit years.

3. *Conduct Audits*: Conduct audits for the missed years (FY21-22, FY22-23, and FY23-24).

 4. *File Financial Statements*: File the financial statements and audit reports for the missed years.

 5. *Pay Penalties (if applicable)*: Pay any penalties imposed by the regulatory authorities.

 Consult with a company secretary or auditor to ensure compliance with regulatory requirements.

Pls help in this.

 

An auditor resigned from the company on 2nd august. Is he require to audit 2024-2025 financial statement or not.

What is the further requirement.

 

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