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Intimation to roc-whether needed for appointment in egm

PATHAK (CHARTERED ACCOUNTANT) (28 Points)

04 May 2012  

Q-1 :  WHETHER IT IS NECESSARY TO INTIMATE ROC WITHIN 30 DAYS OF AAPOINTMENT IN CASE AUDITOR IS APPOINTED IN EGM FOR STATUTORY AUDIT OF THE COMPANY? SOME CAs OPINED THAT ONLY IN CASE OF APOINTMENT AT AGM, THIS IS COMPULSORY-NOT IN CASE OF EGM.

Q-2: IF INTIMATION IS GIVEN AFTER 30 DAYS, IS THERE ANY PENALTY?

Q-3 : WHETHER STATUTORY AUDITOR REPORTING UNDER THE COMPANIES ACT, 1956 NEED TO HAVE DIGITAL SIGNATURE ? WHETHER AT THE TIME OF FILING RETURN OF THE COMPANY AUDITOR'S DIGITAL SIGNATURE IS REQUIRED?

Q-4:  WHETHER IT IS POSSIBLE TO REVOKE STATUTORY AUDIT REPORT ONCE IT IS SIGNED AND GIVEN TO PARTY? WHETHER IT WOULD MAKE ANY DIFFERENCE IF FULL AUDIT REPORT IS NOT SIGNED AND CARO 2003 IS PENDING?

 


 3 Replies

Amol Gopal Kabra (CA,CS,DISA) (Practicing CA) (8504 Points)
Replied 14 May 2012

Answer to Question 1:

Only in case of First Auditor, it is not necessary to intimate to ROC. Else in all cases, as in your case of EGM, it is mandatory to intimate to ROC about the appointment as statutory auditor.

 

Answer to Question 2:

There is no penalty in case the intimation is made after 30 days.

 

Answer to Question 3:

Digital Signature is required. First the form for intimation to ROC is to be signed by the Auditor with DSC only. Next, it is not mandatory that the statutory auditor should certify the annual returns. But if auditor is filing the returns, then yes DSC is mandatory.

 

Answer to Question 4:

There are no such provisions as to revoking of the report. But this question is not clear to me. The auditor can issue a public disclaimer in case any adverse situations arise that were not prevailing at the time of audit and at the time of signing. 

I request you to clarify this question in detail.

2 Like

kotte murali krishna (proprietor) (243 Points)
Replied 02 November 2015

To

Sri Amol Gopal,

Dear Sir,

You are saying that appointment of first auditor in Board Meeting need not be informed to the ROC.

But when we are filing AOC-4 , we need to give SRN number and without that AOC-4 ciuld not be filed. Is there any other way to file the AOC-4 f without giving SRN NO.

You may .please advice me on this issue.

with regards

CA Murali Krishna

 

Nabin Raj Uprety (Manager @ CA Parmeswaran & Co. )   (168 Points)
Replied 04 December 2018

Yes reporting of first auditor is not mandatory, since rule 4(2) [ form ADT 1 ] doesnot talk about section 139(6) i.e First Auditor. In this case one can mention Z999999 in place of SRN number in form AOC - 4, since its mandatory field.


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