Form 23-b for first auditors

CA Parag Jani (BCom CA DISA Forensic Auditor)   (288 Points)

07 August 2012  

 

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.