Whether sec 139(1) is applicable only to new companies?

Section 139(1) clearly provides that "every company shall, at the first annual general meeting, appoint.....".  Section 2(20) defines company as a company incorporated under this Act or under any previous company law.  It is not clear as to on what basis experts have given the opinion that this Section is not applicable to companies registered under previous Companies Act.

If the appointment has not been done as per Sec.139(1) last year, at least for this year the appointment should be as per this provision to avoid continued default.

Dear Ankit,

Section 139 (1) of the Companies Act, 2013 is applicable to every company whether registered under Companies Act, 2013 or any previous Act. see that, at least your company appoints auditor as per section 139 (1) of Act this year. since retire by rotation is not applicable to your company, company can appoint auditor for period of five year in this years AGM.