Auditor resignation - how to conduct agm? - Corporate Law

Please Guide me How can I comply with Companies Act 2013. The chronological order of the events are as under:-

1. Statutory Auditor Resigned on 27th Sep, 2017 without providing Audit Report.

2. The Company could not conduct AGM on 30th September due to non adoption of books of accounts.

3. EGM was conducted on 2nd Oct 2017 to appoint new auditor.

4. The proposed auditor approached previous auditor for the want of NOC before accepting the assignment.

5. The previous auditor provided NOC on 15th October, 2017.

6. Audit was conducted and financial reports were signed on 21st Oct 2017.

7. No reports were filed to ROC till Feb 2018.

8. How to comply with the provisions of companies act with minimum penalty and smoothly.

You can also guide me on hr.sdshah @ gmail.com

First of all the extention of AGM granted to you is maximum for the period of 3 months as per the valid reason send by you.

Maximum date of AGM would be 3 months from 30th September 2017 , ie. 30th December 2017.

The Auditor so appointed as a casual vaccancy shall hold the office till AGM. i.e. 30th December 2017. Further if you wish to continue for the same Auditor then appoint such Auditor for a period of 5 years.

ADT 1 shall be filled within 15 days from date of AGM if form is not filled till date, then such form shall be filled with additional fees.

Form AOC 4 shall be filled within 30 days from date of AGM. So if not filled till date then file the form AOC 4 along with additional fees.

If your Company is falling under the criteria of Ind- As then till 31st March 2018 there is no additional Fees.

File MGT 7 within 60 days of AGM . If not filled till date then file MGT 7 with additional fees

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Auditor resignation - how to conduct agm?

SUNNY SHAH

Jatin Bajaj

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