Resignation by Statutory Auditors

Dear Mr Ankur.

Thanks for reverting. But my problem is still not solved. My case will fall under Section 224 (6) but not Section 225 as we will take resignation from the Auditor.So now Can u pl tell me what is the procedure under Co Act and under Listing Agreeent along with resolution to be passed in Audit Committe, Board  and EGM for appt of new auditor in cas of casual vacancy . can ordinary res be sufficient and  No special notice will be reqd  in this case.Thanks in advance.

Regards

Preety

I recommend section 225 as i think u r going to change auditor in ensuing AGM as you haven't mentioned your plan.

Anyways Section 224(6) makes your case very easy. As this is a resignation case you have to appoint new auditor in general meeting by passing ordinary resolution of shareholders. No special resolution or special notice is required.

1. Hold a BM--discuss the matter---finalise new auditor---approve resignation of previous auditor----call an EGM.

2. Hold EGM---pass ordinary resolution---intimate new auditor about appointment----filing of form 23B is also involved in the process.

Revert for contrary views.

What are the timelines for holding the BM after the resignation of auditors.

Hi Everyone

Statutory Auditor appointed in AGM is resigned during the year For appointment of new auditor in place of resigned auditor, What resolution company need to pass in EGM (Special or Ordinary) or whether company need to file the same with ROC  Could you advise

Whether we need to comply any thing else in case of listed company.

Please advice

Sumit

i just want to know whether there is any professional misconduct on filling of form 23 late by  more that 30 days.

Originally posted by : Ankur Garg
	Hi,   In your case section 224(6) is applicable.   Only members in general meeting may fill up the casual vacancy under section 224(6) caused by resignation of auditors Where the casual vacancy is caused by resignation of an auditor, the Board cannot fill up the casual vacancy but place the matter before the company in the extraordinary general meeting for appointing an auditor in respect of the casual vacancy.   Casual auditors shall hold office till the conclusion of the next annual general meeting The auditor appointed in a casual vacancy shall hold office till the conclusion of the next annual general meeting. If a casual vacancy arises, the remaining auditors if any, will continue to Act.   Regards

Dear Ankur ,

I agree with you that only members in general meeting may fill up the casual vacancy under section 224(6) caused by resignation of auditors Where the casual vacancy is caused by resignation of an auditor, the Board cannot fill up the casual vacancy but place the matter before the company in the extraordinary general meeting for appointing an auditor in respect of the casual vacancy.

If, the new auditor in the above situation, is appointed  by BOD instead of General Meeting and the new Auditor also conducted audit of the company and Form -23AC & 23ACA also e-filed with ROC, what are the implications and penal provisions of the same on the new Auditor and on the company under Co. Act and other statutes, if any ?

Regards