Appointment of auditor in case of death of previous auditor
Kavneet Kaur
SURENDER HARSH
. Casual Vacancy by Death
The death of an auditor creates a casual vacancy under Section 139(8) of the Companies Act, 2013.
2. Board of Directors' Role
The Board of Directors is empowered to fill the casual vacancy:
- The Board must appoint a new auditor within 30 days of the occurrence of the vacancy.
- This appointment is temporary and requires the approval of shareholders at a General Meeting.
3. Convening a General Meeting
- The company must convene a General Meeting within 3 months from the date of the Board's appointment.
- At the General Meeting, shareholders must approve the appointment of the new auditor.
4. Filing with the Registrar of Companies (RoC)
- Once the new auditor is appointed:
- The company must file Form ADT-1 with the RoC within 15 days of the appointment.
- Attachments to Form ADT-1 include:
- A certified copy of the Board Resolution and Shareholders' Resolution (if any).
- A consent letter from the new auditor.
- A certificate of eligibility under Section 141 from the new auditor.
5. Tenure of the New Auditor
- If the company is not required to rotate auditors (under Section 139), the newly appointed auditor will hold office until the conclusion of the next Annual General Meeting (AGM).
- In the AGM, shareholders can reappoint the same auditor or appoint another auditor for the subsequent term.
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