Procedure
for Appointment of Auditor other than Retiring Auditor
(adsbygoogle = window.adsbygoogle || []).push({});
– A Special
notice shall be required for a resolution at an annual
general meeting for –
notice shall be required for a resolution at an annual
general meeting for –
(a) appointing as auditor a person other than the retiring auditor;
or
or
(b) providing expressly that a retiring auditor
shall not be re-appointed except
where the retiring
auditor has completed a consecutive tenure
of five years or ten years as the case may be.
shall not be re-appointed except
where the retiring
auditor has completed a consecutive tenure
of five years or ten years as the case may be.
– On receipt of notice of such aresolution, the company should forthwith send a copy of the same to the
retiring auditor.
retiring auditor.
– Where
the notice is received
well in advance,
the company can conveniently send the notice
of the resolution to the members by including the same in the notice of the annual general
meeting
the notice is received
well in advance,
the company can conveniently send the notice
of the resolution to the members by including the same in the notice of the annual general
meeting
–
The retiring auditor can make a
representation. Where he makes any
representation in writing to the company and requests
for the notification to members
of the company, the company should,
unless the representations are received by it too late for it to do so:
The retiring auditor can make a
representation. Where he makes any
representation in writing to the company and requests
for the notification to members
of the company, the company should,
unless the representations are received by it too late for it to do so:
(a) In any notice
of the resolution given to the members
state the fact of the representations having
been made; and
of the resolution given to the members
state the fact of the representations having
been made; and
(b)Send
a copy of the representation to every member
of the company to whom notice of the meeting
is sent whether before
or after the receipt of the representations by the company.
a copy of the representation to every member
of the company to whom notice of the meeting
is sent whether before
or after the receipt of the representations by the company.
– Where a
copy of the representations is not sent as aforesaid, because they are received
too late or because of the company’s default,
the auditor may (without prejudice to his right to be heard orally)
require that the representations shall be read out at the meeting. Obtain
a certificate from the auditor to be so appointed to the effect
that such appointment, if made, will be in conformity with the limits
specified in the Act.
copy of the representations is not sent as aforesaid, because they are received
too late or because of the company’s default,
the auditor may (without prejudice to his right to be heard orally)
require that the representations shall be read out at the meeting. Obtain
a certificate from the auditor to be so appointed to the effect
that such appointment, if made, will be in conformity with the limits
specified in the Act.
– In the general meeting,
the appointment will be considered and the necessary resolution be passed.
the appointment will be considered and the necessary resolution be passed.
– In the case of a listed company,
forward promptly to the stock exchange copies
of the notice and a copy of the
proceedings of the annual general
meeting. After the appointment, the new auditor
will be informed
of the appointment along with a certified copy of the resolution passed
at the meeting. The company shall
inform the Registrar in the prescribed form along with the requisite fee and necessary annexure.
forward promptly to the stock exchange copies
of the notice and a copy of the
proceedings of the annual general
meeting. After the appointment, the new auditor
will be informed
of the appointment along with a certified copy of the resolution passed
at the meeting. The company shall
inform the Registrar in the prescribed form along with the requisite fee and necessary annexure.
Related Post: