the private company appointed ABC& co an Auditor firm with two partners. one of the partner died and the firm got dissolved, the remaining partner become proprietor in same firm name. please suggest
1. whether it is casual vacancy due to death of one of partner or due
to resignation
2. whether ADT 1 can be filed directly by appointing new auditor
3. whether remaining partner has to file adt3 as resignation and want to appoint new auditor
As per the provisions of section 139(8) of the Companies Act, 2013, read with Companies (Auditors and Audit) Rules, in case of death of one of the partners, it results into the casual vacancy of the auditor and the casual vacancy of the auditor can be filed by the Board of Directors in Board meeting. The Company has to file form ADT 1 and such auditor shall hold the office till the old auditor should have hold the office. in form ADT 1 it should be mentioned weather the casual vacancy is result of death of auditor or not. And as it is the result of death of auditor, so there is no requirement of filing of Form ADT 3. Reason for casual vacancy would solve the problem.
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