Mr. Ram is the auditor of XYZ Limited, which is a Government company. He has resigned on 31st December, 2025 while the financial year of the company…
CA Intermediate · Corporate and Other Laws · MTP · January 2026
Mr. Ram is the auditor of XYZ Limited, which is a Government company. He has resigned on 31st December, 2025 while the financial year of the company ends on 31st March, 2026. Explain the provisions regarding filling or such vacancy. Would your answer differ if it is other than a Government company?
Suggested Answer and Working Notes:
(a) Casual vacancy: According to section 139 (8) of the Companies Act, 2013, (1) In the case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor General (CAG) of India, casual vacancy of an auditor shall be filled by the CAG within 30 days. (2) In case the CAG does not fill the vacancy within the said period, the Board of Directors shall fill the vacancy within next 30 days. XYZ Ltd. can follow the above provisions for filling of its casual vacancy of its auditor. In case, XYZ Ltd. would have been a company other than a government company, the following provisions would be applicable for filling of its casual vacancy: (a) The Board may fill any casual vacancy in the office of an auditor within 30 days but where such vacancy is caused by 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. (b) Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
Topics: Audit and Auditors
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