Change of auditor at agm

Respected Sirs/ Madams,

     Where a company has appointed auditor at the conclusion of AGM held on September 2014 for 5 years subject to Ratification upto the conclusion of 5th AGM at 2019 but want to Change auditor in this AGM i.e. in 2016 due to unwillingness of previous auditor to be reappointed, what are the procedures and forms to be filed in MCA by previous auditors, company and new auditors?

Replies (6)

Please find attached an article on resignation of auditor. 

Previous auditor has to resign and form adt-3 has to be filed by such Auditor. New Auditor shall be appointed in general meeting (in your case, you can show appointment in AGM)

Thanks.

So if the previous auditor can file ADT-3 say on 26th October, as he resigned on 28th September, whether the new auditor can be appointed at the AGM to be held on 30th September?

Please clarify

 

No, how is that possble? Your AGM's notice should have already been issued before 21 days. Ask an auditor to issue resignation before board meeting date so that Borad can recommend appointment of new Auditor in AGM.

If it is not possible to include in the AGM of 30th September, the following will need to be done :

The vacancy can be filled by the Board within 30 days of the resignation.

Within 3 months of the Board Meeting, call an EGM to appoint an auditor who will hold office upto the next AGM (i.e of 2017).

Refer Section 139(8)

Hope this helps.

 

thanks.. it surely helps.. that was my only concern that the notice of 21 days will not be fulfilled.. anyways thanks.. so my only option is to generate a casual vacancy and appoint in board meeting and then approve in EGM

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 28 October 2026
Article assistants

Shyam S Gupta and Company

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details
Company
31 October 2026
Accountants

sankaran and krishnan

New Delhi

B.Com

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details