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In the event of casual vacancy in the office of Statutory Auditor whether e-form ADT 1 should be filed within 15 days of Board Meeting or within 15 days of General Meeting in which his appointment is approved by the shareholders?

Section 139- Appointment of auditors.

Posted By: Prerna kapoor 9 year(s) ago

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    P A Hussen

in the query it is not clear whether the casual vacancy is caused by resignation or the auditor or for any other reason.

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    Supreet

Fourth proviso to sub-Sec (1) of Section 139 of the Act says : "The company shall inform the auditor concerned of his or its appointment, and also file a notice of such appointment with the Registrar within fifteen days of the meeting in which the auditor is appointed." It says meeting not specified which meeting. Thus includes both Board meeting and general meeting in which the said auditor is appointed. and also sub- Section (8) of the said section says that : Any Casual vacancy in the office of the Auditor is filled by the Board( for the companies other than those whose accounts are subject to audit by an auditor appointed by CAG) and if such vacancy is caused as a result of resignation , then the appointment of such auditor shall also be approved by the company at a general meeting convened within three months of the recommendation of the Board. Thus in my opinion, in the first case where the said vacancy is filled by the board , ADT-1 should be filed within 15 days of Board meeting in which the auditor is appointed. while in the second case , where the said appointment needs approval of the Company , ADT-1 should be filed within 15 days of the general meeting in which it was approved as the appointment is finalised only on the approval by the Company.

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