EGM for appointing the Auditors

Hi,

Please find attached herewith Sample EGM minutes to fill casual vacancy of statutory auditor. With the help of this attachment you can draft the EGM notice.

Simply pass an ordinary resolution to fill the vacancy.

Regards

Dear Friends

In my views its a Casual Vacancy and it can be filled by Board itself also.

Regards

It is not to be considered as the Casual vacancy, Because In casual vacancy the Auditor is appointed just to fill the Gap for the temporary period, IF you will appoint him in the Casual vacancy then You have to pass 2 Separate Resolution in AGM

1.      For Appointment as Full-fledged Auditor

2.      Re-Appointment of Retiring Auditor

So, You must have to appoint him as the Full-fledged Auditor only, If you are appointing him in the General Meeting..

Because You have to pass resolution Either in current EGM or Next AGM for appointing him in the full-fledged capacity..

 ---------------------------------------------------------------

Ankur Shah (Practicing Company Secretary)

Ahmedabad, Gujarat - 380015

Mobile: +91-90330 03922, 94276 33901

E-Mail: ankur @ csankur.com

Website: www.csankur.com

Blog: www.csankur.blogspot.com

Moreover, To appoint in the full-fledged capacity, Special resolution is required to be passed.

Originally posted by : Ankur Shah (PCS)
	Moreover, To appoint in the full-fledged capacity, Special resolution is required to be passed.

Please check bro...

In the entire Companies Act, 1956, Special Resolution for the appointment of auditor is required only when section 224A is applicable to the company. I think you just forget to mention the section.

Dear MR. Ankur Gard,

special resolution also need in case of Section 224 (6)(a).

As per section :

A casual vacancy is a vacancy of a temporary nature that may occur during the currency of the year after the appointment is made by the company at its general meeting.

The auditor appointed in a casual vacancy shall hold office till the conclusion of the next annual general meeting.

If the casual vacancy arises, the remaining auditors, if any, will continue to act as the auditors of the company.

Further most important point :

Point 1 :Where the casual vacancy arises due to death or disqualification, the Board of Directors may appoint another auditor.

Point 2 : But where the casual vacancy is caused by resignation of an auditor, the Board cannot fill up the casual vacancy but the vacancy so caused by resignation, shall be filled by the company in general meeting.

In case of point 2 , we have to call EGM to file casual vacancy due to resignation and in that case we need to pass special resolution.

Regards.

Dear All

In one of our private company we want to appoint new auditor in place of old one.
can be done by two method.
1) To change the auditor by moving the special Notice
2)To take the resignation and appoint the new auditor in general meeting:- in this case my query is, can we place the resignation of the auditor in the BOD meeting in which he will sign the account for the year ended on31.03.2008and add the new item to notice of AGM to appoint the new auditor? or we have to conduct EGM before AGM to take the matter seprately.

Pls. share your practical experience.

Regards

Swati 

Hello,

Please give me the clarity on section 212(1)(e) :  To the holding company b/s documents of its  subsidiary  need to be attached  under  section 212 (1) . Under Section 212(1)(e) interest of holding company  in its subsidiary  need to be disclosed as specified in sub  section(3)

Section 212( 3)(b) : the net aggregate amount so far it concerns members of the Holding company and is not dealt with in the Company' s account  ......sub clause (1)  For the FY.... aforesaid and (2) for the Previous FY.......subsidiary.

212(3) (c) : the net aggregate amount so far it concerns members of the Holding company and is   dealt with in the Company' s account  sub clause (1)  For the FY.... aforesaid and (2) for the Previous FY.......subsidiary.

Please give me the clearity that  A.  which amount is need to be taken under the above mentioned  sub clause (i) and (ii)  of section 212 (3) b and c  as this is the statement need to be affixed with holding company balance sheet while form 23AC is to be filled

B. what's the meaning of  dealt with and not dealt with company accounts.