A Pvt Ltd appoints auditors at AGM who express their unwillingness to continue. Can a new auditor be appointed in place of the previous one other than in AGM. AGM has been conducted and annual retun for that year has been filed with ROC. However FORM23B has not been filed. Can a New auditor file FORM23B now
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Procedure of appointment of auditors
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Call Board meeting for the purpose of following:-
- Appointment of auditor in casual vacancy.
- Recommending the members to approve the appointment.
- Calling of EGM(to be held within 3 months from date of Board meeting).
Intimate the Auditor and file with ROC form ADT-1 within 15 days of EGM(since the appointment is not final until approval of members).
As per section 140(2) the Auditor who has resigned from the company shall file within a period of 30 days from the date of resignation, a statement in the prescribed form with the company and ROC indicating the reasons and other facts as may be relevant with regard to his resignation in form ADT-3
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