Auditor Appointment

Who is an Auditor?

Any individual trained to review and verify accounting data and recognised as a Chartered Accountant (CA) under the Chartered Accountant Act 1949 is deemed to be an auditor.

What is the purpose for the appointment of the Auditor?

The purpose of the auditors in the company is to protect the interests of the shareholders. The auditor is obligated by law to examine the accounts maintained by the directors and inform them of the true financial position of the company. Auditor gives his independent opinion to the owners or shareholders of the company to protect and keep the company in a safe financial condition.

1. Application for 1st Auditor post Incorporation	-Appointed by the Board Of Directors. -This has to be done within 30 days from the date of Registration. -Appointment can also be done by Members at Extraordinary General Meeting within 90 days of information.
2. Auditor at First AGM. The written consent and a certificate.	-The appointment is done by the members -He will hold office till the end of the 6th AGM.
3. Appointment of Subsequent Auditor	-The appointment is done by the members and he will hold office till the conclusion of the 6th meeting
4. Casual Vacancy due to resignation and other reasons	-The appointment is by the members within 3 months of the recommendations of Board and he will hold office till the next AGM

Appointment Of Auditor Other Than Retiring Auditor By A Special Notice

Where a person other than the retiring auditor is proposed to be appointed as an auditor, or where it is proposed that the retiring auditor shall not be re-appointed, a special notice under Section 115 of the companies Act, 2013 has to be given proposing that such a resolution would be moved at the next annual general meeting.

In case where the retiring auditor has completed a consecutive tenure of five years or, as the case may be – ten years then such special notice can be avoided.

For the purpose of special notice the relevant points are as under:

If the auditor makes a representation in writing to the company and requests for a notification to the members, the company shall
- State the fact of representation in any notice regarding the resolution
- The copy of representation should be sent to those members by the company to whom notice of meeting is sent, whether before or after the receipt of representation.
- if the copy of representation is not so sent , copy thereof should be filed with the Registrar.
On receipt of the special notice for removing the auditor, the company should send a copy of the same to the retiring auditor.
Such representation should be of a reasonable length and not too long.
The special notice should not be received by the company too late for the purpose of circulation to members.
Auditor may require the company to read out the representation in the meeting if it is not so notified to members because it was too late or because of company’s default.

If the Tribunal is satisfied that the rights are being abused by the auditor based on an application either of the company or of any other aggrieved person, then:

the copy of the representation may not be sent, and
the representation need not be read out at the meeting.