Auditory appointment by casual vacancy

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csmedha

Company Secretary

82 Points Posted on 29 March 2016

Hi,

The previous auditors resigned on 30.04.2015 and appointment by way of casual vacancy is made within 3 months in EGM by the company. The audit is to be done for the FY 2014-2015 as well as 2015-2016.

In ADT-1 can we state the period for 2 years from 01.04.2014 till 31.03.2016?

Though re-appointment shall be taken in the upcoming AGM of the company.

Please share your views.

Regards,

Replies (2)

ACS Parul Rawat

Entrepreneur | Corporate Law Advisor | L

136 Points Posted on 30 March 2016

Hi Medha,

Kindly share the date of BM n EGM

ACS Parul Rawat

Entrepreneur | Corporate Law Advisor | L

136 Points Posted on 30 March 2016

As per sub-section 8 of Section 139 of Companies Act, 2013

An Auditor appointed in Casual Vacancy arised due to Resignation of previous Auditor, shall be filled in EGM and the new Auditor shall hold the office till the conclusion of next AGM.

Form ADT 1 shall be filed within 15 days of his appointment in EGM.

As per sub-section 1 of Section 139 of Companies ACt, 2013

An Auditor shall be appointed in AGM for a term of 5 years. i.e. from the conclusion of that meeting till the conclusion of 6th AGM.

So as per my interpretation,

Conclusion

Appoint Auditor in EGM
File ADT 1 within 15 days of EGM and state the period from 01/04/2014 to 31/03/2015
Re-appoint such Auditor in AGM
File ADT 1 within 15 days of AGM and state the period from 01/04/2015 to 31/03/2020.