A casual vacancy has arisen in the office of auditor in Kiran Ltd., which is a company controlled by the Central Government. The Comptroller and Auditor General of India (CAG) has failed to appoint auditor to fill-up the

CS Professional · Advanced Company Law and Practice · PYQS · December 2016
A casual vacancy has arisen in the office of auditor in Kiran Ltd., which is a company controlled by the Central Government. The Comptroller and Auditor General of India (CAG) has failed to appoint auditor to fill-up the casual vacancy within the stipulated time as required under the provisions of the Companies Act, 2013. What remedy is available to the company in this regard under the provisions of the Act ?

Answer & Explanation:

In terms of Point (ii) of section 139(8) of the Companies Act, 2013, in the case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, any casual vacancy in the office of an auditor shall be filled by the Comptroller and Auditor-General of India within thirty days. Provided that, in case the Comptroller and Auditor-General of India do not fill the vacancy within the said period, the Board of Directors shall fill the vacancy within next thirty days. Accordingly, Board of Directors of Kiran Limited shall fill the casual vacancy within next thirty days as stated above.

Topics: Auditors

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