auditors appointment

The private company not come under sec 139 2 of companies act appointed auditors for a period of five years upto 2019. Rotation is not applicable. If company wish to change auditors, whether unwilling Ness letter from previous auditor is enough or special resolution along with special notice is required under Sec 140 4. Please clarify
Replies (3)
no simply ask the auditor for unwillingness to continue as auditor and file the relevant form for resignation of auditor then appoint new auditor.don't forget to take noc from previous auditor stating that he has resigned will fully and no mismanagement in the company which is required to be given to new auditor along with letter of appointment
Previous auditor can resign and file ADT-3. Thereafter, ADT-1 is to be filed by the company for filing casual vacancy. This is the simplest way to tackle such situation

If the Company is not satisfied with the existing auditor and the rotation of the auditor is not applicable then Company can take the wilful resignation from the auditor and the auditor shall also give NOC that he has resigned willfully and there is no mismanagement in the Company and shall also file Form ADT 3 within 30 days of his resignation. This would result the case of casual vaccancy due to the resignation of auditor and the said casual vaccancy can be filed by holding EGM maximum within 3 months from recomendation by the Board and such auditor shall hold the office till the upcoming AGM of the Company and the new auditor shall have to file form ADT 1

But if the auditor is not willing to resign from the Company, the special notice has to be filled by the Company for removal of auditor under section 140 of the Companies Act 2013

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