Auditor appointment in opc

Co Act 2013 12011 views 12 replies
how do i appoint an Auditor in case of One Person Compant (OPC) where no AGM was held??
Replies (12)
Auditor appointed by BOD within 30 days of incorporation will continue ...... Sec96 not applicable to OPC. .......

I knw opc are not required to have an AGM..

But then how do i appoint an auditor of the company??

I mean if agm is not held how will the auditors be appointed

Auditor appointed by BOD within 30 days of incorporation will continue ...
Through board meetings/ through sole Member... Auditor will be appointed

I do not agree to above opinion. Please refer Section 122(3) of Companies Act, 2013. You need to show AGM pursuant to Section 122(3),

Section 139 does not allow First Auditor (appointed by Board) to continue to act as Auditor in OPC.

You need to follow normal procedure as usually done by Companies other than OPC. You need to pass AGM Resolution as per Section 122(3) of Companies Act. 

Originally posted by : Member (Account Deleted)
Auditor appointed by BOD within 30 days of incorporation will continue ...

 

Process to be followed for appointing first auditor in case of one person company having only one director.

OPC WILL HAVE TO CONVENE FIRST GENERAL MEETING WITHIN 30 DAYS AND APPOINT FIRST AUDITOR.

AFTER THAT, OPC HAVING ONLY SOLE MEMBER AND DIRECTOR NEED NOT TO CONVENE AGM TO RATIFY THE AUDITOR.

HOWEVER, IN CASE OF MULTIPLE DIRECTORS, OPC WILL HAVE TO TAKE THE GENERAL PROCEDURE OF CONVENEING AGM AND APOINTMENT.

When should OPC file with MCA about auditor appointment , can any of you clarify please.

 

Best Regards,

Nagaraju

When should OPC file with MCA about auditor appointment , can any of you clarify please.

 

Best Regards,

Nagaraju

hello sir,

In the case of OPC were no need for AGM. but we have to appoint the subsequent auditor for the next five year we can appoint an auditor by a board resolution and mentioned the board minutes also

can you plz provide me draft AGM Resolution for appointment of Auditor in OPC


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