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APPOINTMENT/RESIGNATION OF AUDITOR

A person will be qualified to be appointed as an auditor of a company only if he is a qualified Chartered Accountant and where a firm is appointed as an auditor of a company; only the partners who are Chartered Accountants are authorized to act and sign on behalf of the firm.

Appointment of Auditor:


First Auditor: Every company within 30 days of registration of the company or within 90 days in EGM by the board of Directors if company fails to do so. The first Auditor (or the Auditing firm) appointed will hold office from the conclusion of the meeting

In case of Government companies, the first auditor would be appointed by the Auditor-General of India and Comptroller within 60days from the date of registration of the company and where it fails to appoint the auditor within the said time period, the board of directors would appoint such auditor within 30days.

An individual auditor who has completed his term shall not be eligible for re-appointment as auditor in the same company for five years from the completion of his term.

An audit firm which has completed its term , shall not be eligible for re-appointment as auditor in the same company for five years from the completion of such term:
Provided further that as on the date of appointment no audit firm having a common partner or partners to the other audit firm, whose tenure has expired in a company immediately preceding the financial year, shall be appointed as auditor of the same company for a period of five years

DOCUMENTS REQUIRED FOR APPOINTMENT OF AUDITORS

  • Written consent from the Auditor: Consent is a proof that the person or firm qualifies the criteria provided under Section 141 of the Act, needs to be submitted before an appointed.
  • Notice of Appointment: Company will issue an appointment notice to the auditor and E-form ADT-1 is required to be filled within 15 days of the meeting in which the auditor is appointed.
  • RESIGNATION OF AUDITORS

    Under Section 140(2) of Companies Act, 2013, the Auditor who has resigned from the company shall file
    within 30 days from the date of resignation shall file E-form ADT-3 with the ROC. If the auditor does not comply , he or it shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.

    In case of Casual Vacancy:


    nder Section 139(8) of Companies Act, 2013: If casual vacancy is arising due to the resignation of auditor, it shall be filled within 30 days by the Board of Directors, and the recommendation so made by the board shall be approved in a general meeting (it can be EGM or AGM ) convened within 3 months from the date of recommendation of the board.

    Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next Annual General Meeting

    DOCUMENTS REQUIRED FOR RESIGNATION OF DIRECTORS

  • Resignation letter from the resigning Auditor mentioning the reason and date of resignation.
  • The resigning Auditor will intimate to the Company his resignation within 30 days of his resignation.
  • File E-form ADT-3 with the Registrar of Company within 30 days of resignation.