Form 23-b for first auditors

MCA 7932 views 10 replies

 

Dear All,
 
One Pvt Ltd. incorporated in Nov-2011, did not convene any Board Meeting. The Directors were not aware of Company Law Provisions & no such records were kept either.
 
The Director now approaches me for auditing their books of accounts. My question is -
(1) If i show as First Board Meeting convened during 3 months time limit, & get myself appointed as statutory auditor, what should be the date of intimation for such appointment? For example, if they appoint me on 31-03-2012, then do I need to file E-Form 23B on/before 07-05-2012 or I can file even now, attaching a back dated intimation?
 
(2) What shall be the liability of auditor in case he fails to file Form 23B withing the Statutory Time Limit as per Sec.224(1B)? Asking from ICAI/MCA Disciplinary Action Viewpoint.
 
(3) If i take a recent dated intimation for appointment, then will pvt.ltd co face any actions from ROC for delay in intimating to the First Auditors?
 
Plz advise what should be done.
Replies (10)

Dear Parag,

Section 224(5) provides that the first auditors of the Company shall appointed by the Board of directors within one month of the date of registration of the company; and the auditor or auditors so appointed shall hold office until the conclusion of the first annual general meeting.

 

Under section 224(5) of the companies act -IF first auditor is appointed by BOD. than he can be appointed by the board of directors WITHIN ONE MONTH FROM THE DATE OF INCORPORATION.

further if FIRST AUDITOR IS APPOINTED BY BOD THAN THERE IS NO COMPULSION TO INTIMATE TO REGISTRAR, BUT IT IS ADVISABLE TO FILE FORM 23B.

SO NOW YOU MAY FILE FORM 23B. AFTER THE EXPIRY OF EXTENDED PERIOD OF FILLING FORM 23B , YOU HAVE TO PAY PENALTY.

YOu have to file form 23B. Period will b from the date of incorporation till the financial year end.

Form  23B not required to be filed in case of first auditors being appointed by Board. It is to be filed only when appointment of auditors is made at AGM.

At the time of filing balance Sheet with ROC, Form 23AC requires SRN of form 23B. If Form 23B is not filed, then no SRN can be generated. At present we can quote Z99999999 in place of 23B SRN in form 23AC if 23B SRN is not available. However this facility may not be available in future if MCA/ROC makes quoting of 23B SRN compulsory in Form 23AC. So, It is advisable to file form 23B incase of first Auditors.

You can file form 23B even today, attaching back date intimation... upto 11th August it is free after that filing fee is to be charged and for delayed filing you have to file additional fee.

with regards to all

Please clarify, if form 23B not required to file in case of first auditor,

then how to file form 23AC without SRN no. of 23B form

please take this issue as urgent

one of my client appoint auditor in BM within due time after incorporation and I have to file their Balance sheet and reports to ROC first time.

 

If any doubt regarding problem , let me know , I am described in details.

 

private limited company (paid up capital 100000)  incorporate on 14-09-2011

then what are the compliances  under ROC and due date

please provide details and rules

Originally posted by : CA Bhoopesh Gupta

with regards to all

Please clarify, if form 23B not required to file in case of first auditor,

then how to file form 23AC without SRN no. of 23B form

please take this issue as urgent

one of my client appoint auditor in BM within due time after incorporation and I have to file their Balance sheet and reports to ROC first time.

 

If any doubt regarding problem , let me know , I am described in details.

 

Hello Bhoopesh ji,

now, as per the new e-form 23AC & ACA, you are required to file e-form 23B compulsory coz in that SRN of e-Form 23B is required. in the case of first auditor also e-Form 23B is required to file. you have mention date of BM in which you are appointed in stead of Date of AGM.

>

Originally posted by : CA Bhoopesh Gupta

private limited company (paid up capital 100000)  incorporate on 14-09-2011

then what are the compliances  under ROC and due date

please provide details and rules

Hello Bhoopesh ji,

If you company is incorporate on 14/09/2011, you are required to file

e-Form - 23B before signing the BS, 

You can held AGM within 18 months from the Date of Incorporation and you have to adopt the Audited acs, ending with a day which shall not precede the day of the meeting by more than nine months; (Refer Seciton 210 & 166 for the same.)

> e-Form 23AC & ACA - within 30 days of the AGM &

> e-Form 20B - within 60 Days of the AGM


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