Procedure For Removal of Auditor Before Expiry of His Term

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As per the provisions of Section 140(1) of Companies Act, 2013 The
auditor appointed under section 139 may be removed from his office before the expiry
of his term only by a special resolution of the company, after obtaining the
previous approval of the Central Government in that behalf in the prescribed
manner, Provided that before taking any action under this sub-section, the
auditor concerned shall be given a reasonable opportunity of being heard.


Procedure
For Removal of Auditor Before Expiry of His Term


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(a)   An application shall be made to
Central Government for removal of auditor shall be made in Form ADT-2 and shall
be accompanied with fees as provided under the Companies (Registration offices
and Fees) Rules, 2014.
(b)   The
application shall be made within thirty days of the resolution passed by the
Board.
(c)   The
Company shall hold the general meeting within sixty days of receipt of approval
of the Central Government for passing the special resolution.
(d)   Intimate
the stock exchange promptly in respect of proceedings of the meeting.
(e)   Intimate
the auditor who was removed with a certified copy of the resolution passed
along with a copy of the approval of Central Government.
(f)   File
MGT-14 with the Registrar with requisite fee and relevant annexures within 30
days of passing special resolution.
(g)  Send a certified copy of the proceedings of
general meeting and inform about the change in auditor of the company to
stock exchanges where the company is listed.

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