Sunshine (Helping All) (10575 Points)
07 October 2010hie....
suppose mr. x is appointed as a statutory auditor in the AGM of ABC ltd. ............notice is sent to x but he refused to accept the appointment.....
now who has the power to make the appointment of the auditor??will the shareholders again appint another auditor?or will it go to Central govt. as no auditor is appointed....??
plz help....
regards,
Sneha Bagla
Sekher M
(final)
(163 Points)
Replied 07 October 2010
in my opinion
has there are no auditors appionted in AGM , then central government will have the right to appoint the auditors and the company has to inform the central govt regarding the non appointment of the auditior in the AGM with in seven days
sekher
krishna Teja
(CA Final)
(85 Points)
Replied 07 October 2010
When the auditor refuses to accept the appointment, it is deemed that no valid appointment is made at AGM. It cannot be said as casual vacancy because there is no appointment at all to lead to casual vacancy. So in such a case, the power to appoint auditors rest with the central govt and the notice to CG should be given within 7 days of intimation of Auditor's non acceptance.
Santhosh Poojary
(SIEMPRE AHÍ PARA TI)
(15607 Points)
Replied 07 October 2010
| Originally posted by : krishna | ||
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When the auditor refuses to accept the appointment, it is deemed that no valid appointment is made at AGM. It cannot be said as casual vacancy because there is no appointment at all to lead to casual vacancy. So in such a case, the power to appoint auditors rest with the central govt and the notice to CG should be given within 7 days of intimation of Auditor's non acceptance. |
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Gokul Viswanath Shenoy
(Company Secretary & Finance Manager)
(430 Points)
Replied 07 October 2010
i agree with krishna..there is no casual vacancy of the auditors as the appointed auditors have not accepted the appointment..and the CG is to be informed of such non acceptance within 7 days from the non acceptance by the auditors for the new auditors to be appointed by the CG
Pulkesh Mehta
(Chartered Accountant)
(243 Points)
Replied 07 October 2010
1.It is deemed that no appointment is done by shareholders in AGM u/s 224
2 Power of Appointment is transferred to central government
3 Intimation to Central Govt.of Non Acceptance by company within 7 days of refusal
Karan Thacker
(CA)
(117 Points)
Replied 07 October 2010
If it the 1st AGM the auditor is appointed by the Board of Directors and for any subsequent AGm the Auditor is appointed by the shareholders.If in any case the shareholder cannot appoint Auditor then it is the liability of the Company to intimate the Central Government. And further the appointment will be done by the Central Government........................
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 07 October 2010
| Originally posted by : a.jayasri | ||
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Yep upto my opinion, the answer said by krishna and sekhar are correct. Now the right to appoint the auditor goes to Central govt as it deems default when the auditor refuses to appointed...... |
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Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 07 October 2010
Dear Sneha,
Please find enclosed herewith my file for company audit for PCC. Please go through the same for some wonderful knowledge ride.
Hope the file would be of some help.
Regards
Sunshine
(Helping All)
(10575 Points)
Replied 07 October 2010
| Originally posted by : Ankur Garg | ||
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Dear Sneha, Please find enclosed herewith my file for company audit for PCC. Please go through the same for some wonderful knowledge ride. Hope the file would be of some help. Regards |
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thank u so much bhaiya...tusi great ho ji,....
ReevCA
(Absolute Carnage )
(145 Points)
Replied 07 October 2010
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