As per the provisions of Section 139(8) of the Companies Act 2013 any casual vacancy in the office of an auditor shall—
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(i) in the case of a company other than a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, be filled by the Board of Directors within thirty days, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the company at a general meeting convened within three months of the recommendation of the Board and he shall hold the office till the conclusion of the next annual general meeting;
(ii) in the case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, be filled by the Comptroller and Auditor-General of India within thirty days, Provided that in case the Comptroller and Auditor-General of India does not fill the vacancy within the said period, the Board of Directors shall fill the vacancy within next thirty days.
Board Resolution For Appointment of Auditor to Fill Casual Vacancy
“RESOLVED THAT pursuant to the provisions of Section 139(8) and other applicable provisions, if any, of the Companies Act, 2013 as amended from time to time or any other law for the time being in force (including any statutory modification or amendment thereto or re-enactment thereof for the time being in force), M/s.________., Chartered Accountants, New Delhi be and are hereby appointed as Statutory Auditors of the Company to fill the casual vacancy caused due to ___________ of _________________, Chartered Accountants (existing auditor), and they shall hold office until the conclusion of the next annual general meeting and they be remunerated by way of such fee as the Directors may determine.”
“FURTHER RESOLVED THAT ___________ be and is hereby authorized to file necessary return with the Registrar of Companies and take all necessary action to implement the above board resolution.”
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