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Vacancy due to death of auditor

Co Act 2013 1213 views 2 replies

CA Abhishek Goyal

Chartered Accountant

516 Points Joined February 2013

Dear Professional Friends,

I have facing problem regarding casual vacancy due to death of Auditor. Now i want to appoint a new auditor for a company. what are the provisions as per the new companies act?

Whether i have to file ADT-2 or treat it as normal appointment? Kindly suggest in this matter.

Replies (2)

CS Mitesh Mehta

Company Secretary

17139 Points Joined January 2009

As per section 139(8) of the Companies Act, 2013 the Board of directors of the company shall have power to fill casual vacancy in the office of auditor within 30 days.

Procedure

1. Intimate the proposed auditor(s) regarding the intention of appointing him/it as auditor and ask whether he/ it is eligible and not disqualified to be appointed as auditor of the company.
Obtain consent & certificate from auditor.
2. If Audit Committee required to be constituted under section 177, then obtain its recommendation (Section 139(11)).
3. Call Board meeting.
4. Approve the appointment of auditor in casual vacancy at the Board meeting.
5. Intimate the Auditor and file with ROC form ADT-1 within 15 days.

No need to file ADT-2 as it is required to be filed in case of removal of existing auditor