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Regarding casual vacancy of auditor

Companies Act 2013 962 views 2 replies

In my company, auditors resigns 22 feb 2014.... for that casual vacancy has been created... now the situation if i follow the companies act 13, then within month we have to conduct B.M i.e upto 22 March 2014......and then confirmation is required from member in G.M within 3 months of B.M (i.e upto 22 june 2014) and then file form ADT-1 with ROC within 15 days of meeting (i.e upto 7 july 14)

Such process is quit clear.... but whether i have to follow this procedure even if casual vacancy has created before 1 april 2014 on that time co, act 13 was not applicable...

Secondly if i ll follow the co. act 1956... then what form is prescribed and what will be penalty for late fliing... as prior to this act it was the duty of auditor to intimate the ROC,,, but at present no form is there for such purpose......

Please request to clarify the issue....

Replies (2)

Dear Sir,

 

Casual vacancy has  created before 1st april, 2014. So you can follow the companies Act,1956 for the appointment of new auditor.

 

And for this, you can file Form ADT-1 as an attachement with GNL-2.

 

I have enclosed herewith MCA circular for your information about the Clarification on transitional period for resolutions passed Under the Companies Act, 1956

 

Thanks,

what about late filing???/

 


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