During the Secretarial Audit, a Company Secretary in practice has to check the various compliances of the Law. Explain the following compliance requirement relating to the Private companies under Companies Act, 2013: (ii
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
During the Secretarial Audit, a Company Secretary in practice has to check the various compliances of the Law. Explain the following compliance requirement relating to the Private companies under Companies Act, 2013: (ii) Appointment of auditor
Answer & Explanation:
Appointment of Auditor As per Section 139(1) read with Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014, Auditor shall be appointed for 5 years in the AGM. Before appointment the company shall obtain written consent from the auditor and eligibility certificate. 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 (15) days of the meeting in which the auditor is appointed in E-form ADT-1. In case of Specified IFSC Private Company- the notice of auditor's appointment shall be filed with the Registrar within 30 days of the meeting in which the auditor is appointed. As per Section 139 (8)(i) of the Companies Act, 2013-In case of any causal vacancy occurred in the office of auditor shall 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.
Topics: Secretarial Audit
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