SAM & Co. are the auditors of MAS Company Limited appointed at the AGM held in 15 September, 2017 for a period of 5 years. However, due to difference of opinion, SAM & Co. decided not to seek re-appointment as au
CS Executive · Company Law · PYQS · December 2018
SAM & Co. are the auditors of MAS Company Limited appointed at the AGM held in 15 September, 2017 for a period of 5 years. However, due to difference of opinion, SAM & Co. decided not to seek re-appointment as auditors at the AGM held on 28th September, 2018 but failed to inform their unwillingness in writing prior to AGM. Company went ahead and appointed them as auditors at the AGM held on 28th September, 2018. Post AGM (held on 28th September, 2018), SAM & Co. informed their unwillingness to act as auditors. Comment on the validity of such appointment and what steps to be taken by the company under these circumstances.
Answer & Explanation:
The present case is a resignation of auditor post AGM held on 28th Sep 2018. Hence, this becomes a resignation by the Auditor and SAM & Co. shall file a statement in ADT-3 indicating the reasons and other facts with regard to their resignation, with the Company and the registrar. Any casual vacancy in the office of an auditor shall in the case of a company, be filled by the Board of Directors within thirty days. Where 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: Audit and Auditors
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