The auditor of ABC Limited (not a government company) has resigned on 31 st December, 2023, while the Financial year of the company ends on 31 st…
CA Intermediate · Corporate and Other Laws · MTP · January 2025
The auditor of ABC Limited (not a government company) has resigned on 31 st December, 2023, while the Financial year of the company ends on 31 st March, 2024. Explain how such an auditor shall be appointed, as per the provisions of the Companies Act, 2013.
Suggested Answer and Working Notes:
The situation as stated in the question relates to the creation of a casual vacancy in the office of an auditor due to resignation of the auditor before the Annual General Meeting (AGM), in case of a company other government company. Under section 139 (8) (i) any casual vacancy in the office of an auditor arising as a result of his resignation, such vacancy can be filled by the Board of Directors within 30 days thereof and in addition the appointment of the new auditor 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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