sec 140

295 views 3 replies
One question....1st auditor is appointed by BOD and holds the office till conclusion of next AGM..if such auditor is not reappointed at such AGM then why co. requires the permission of CG for removal before expiry of his term...bcz reappointment of auditor is subject to rectification in GM.
Replies (3)
As per section 140(1), the auditor can be removed from his office before the expiry of his term only by a special resolution after obtaining the previous approval of CG...
irrespective of who has appointed the auditor(first or subsequent) , if he is being removed before the expiry of the term , prior approval of CG is required as given in section 140(1) and also the auditor must be given a reasonable opportunity of being heard..
if you still have doubt...
please ask your question in other way...
Section 140 is applicable when auditor is removed before expiry of his term.
however in case auditor's term is expiring in the next agm amd he is not reappointed then section 139(9) comes into picture for which CG approval not required.

As per the provisions of the Companies Act 2013 the tennure of the First Auditor is till the conclusion of First AGM. So if auditor is not reappointed after the conclusion of First AGM , then provision of section 140 is not applicable. Section 140 speaks of the removal of auditor before the expiry of his tennure. but in case of first auditor, the tennure of the first auditor is till the conclusion of first AGM only


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details