Mr. A the Statutory auditor of X Pvt. Ltd. Co. was reappointed for the year 2012-13 in the AGM held on 29.09.2012.
On 24.11.2012 Mr. A express his unwillingness and give his resignation from the post of auditor.
In this case what will the procedure to be followed by X Pvt. Ltd. for reappointment of new auditor ?
What formalities have to be followed by the new auditor to accept the appointment ?
Is the new auditor will be appointed for the period 01.04.2012 to 31.03.2013 ?
S. K. Pal
Auditor is appointed from one AGM to another AGM
If auditor expresses his unwillingness after appiontment and auditor is resigned...then appintment is done through AGM by shareholders.
Board can call EGM and auditors will be appointed by shareholders in EGM.
Yes, appointment of auditor will be for the financial year 2012-2013
Resolution to be passed at Board Meeting calling EGM
APPOINTMENT OF M/S. __________, CHARTERED ACCOUNTANTS AS THE AUDITORS OF THE COMPANY TO FILL THE VACANCY CAUSED BY THE RESIGNATION OF _________, CHARTERED ACCOUNTANT, THE PRESENT AUDITORS OF THE COMPANY
The Chairman informed the Board that M/s. _________, Chartered Accountants resigned from their office as auditors of the Company. Therefore the Chairman expressed his opinion to appoint another auditor in place of M/s. ___________, subject to the approval of shareholders in General Meeting.
The Board expressed its satisfaction to the matter discussed and passed the following Resolution.
“RESOLVED that an Extra Ordinary General Meeting of the shareholders be called on (Day, Date and Time) for the appointment of Auditors of the Company. The draft notice along with explanatory statement thereto as placed before the Board be and is hereby approved and the same be sent to the shareholders whose name appear in the register of members as on (Date of this Board Meeting).”
“RESOLVED further that in the said Extra Ordinary General Meeting of the Company the following resolution be moved as Ordinary Resolution:
“RESOLVED that pursuant to provision to Sub –section (6) (a) of section 224(5) of the Companies Act,1956, M/s. ___________, Chartered Accountants, (Address), be and are hereby appointed as the auditors of the Company to fill the vacancy caused by the resignation of M/s. ____________, Chartered Accountants, to hold office from the date of this meeting until the conclusion of the next annual general meeting of the Company at a remuneration as may be fixed by the Board of Director in consultation with the said Auditors.”
appointment of auditor is dealt in sec.224 of thecompanies act tht states that the bard in generla meeting should appoint the managing director.In case no appointment is made within ne year of the formation of general meeting then the company in general meeting shoud appoint such auditor. reappontmnt can be nade only when he completes his term and expresses his desire to be reappointed in writing to e reappointed by the shareholders in egm.
| Originally posted by : Tanveer Md Masood | ||
 |
appointment of auditor is dealt in sec.224 of thecompanies act tht states that the bard in generla meeting should appoint the managing director.In case no appointment is made within ne year of the formation of general meeting then the company in general meeting shoud appoint such auditor. reappontmnt can be nade only when he completes his term and expresses his desire to be reappointed in writing to e reappointed by the shareholders in egm. |
 |
Please dont mislead others.. Were from managing director came in this ?? wat do u mean by one year of formation of general meeting ?? This query was resolved long back so please dont make confusing comments.
Thanks
CAclubindia
