Appointment of auditors in casual vacancy

[Prakash Joshi]

Hi Friends,

The auditors of a Private Company resigned on 30 Aug 23 and a casual vacancy has been created.]

Is the following action plan ok to complete the appointment i casual vacancy of auditor:

1Consent from the new auditor, 

2Board to give appointment letter to new auditor and pass a BR to appoint him in casual vacancy till the conclusion  of the AGM  of 2022-23

Auditor to file ADT-1 with BR 

3. Company to hold an EGM on same day with shorter notce to approve the appointment of auditor done by Board in casual vacancy

No need to file ADT-1 again

4. re- appoint the new Auditor  for 5 years from the conclusion of this AGM  till AGM for the year207-28

File form ADT-1 again

Please let me know if it is ok anything is missing pls suggest.

Can both approval of casual vacancy and re-appointment of auditors both be done in coming AGM ie 30/09/2023 instead of calling an EGM for approval of appointment done by Board in casual vacancy. if so, whether these items can be covered under ordinary business

Please share your thoughts as much as possible.

Thanks & regards

P C Joshi

[Prakash Joshi]

[Adhoksha Dutt]

Sir, you need to file ADT-1 after EGM.

The board can only recommend the appointment, it is the members who will appoint the auditors. Section 139(8).

Regards

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[Prakash Joshi]

Thanks for your inputs. I was confused as per my reading,  casual vacancy is filled by the Board only and approved by Shareholders( in case of  casual vacancy due to resignation)  

Any inputs on the following part:

Can both approval of casual vacancy and re-appointment of auditors both be done in coming AGM ie 30/09/2023 instead of calling an EGM for approval of appointment done by Board in casual vacancy. if so, whether these items can be covered under ordinary business

Please share your thoughts as much as possible

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[Ashish Gupta]

Casual Vacancy caused due to death can be filled in BM and for any other casual vacancy, EGM approval is must.

further, 2 ADT 1 - EGM for 2022-2023 and then AGM - for 5 years.

ensure ADT 3 also filed by resigning Auditors

 
AKG & CO
COMPANY SECRETARIES
FCS Ashish Gupta

A-16 Jitar Nagar, Parwana Road

Near Preet Vihar Metro Station, Delhi - 110051

09312210264

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[Prakash Joshi]

I am asking:

Can

(1)  approval of  shareholders for casual vacancy filled by BOD and(2) reappointment of auditors for next 5years  be done in AGM for 2023 

instead of calling an extraordinary meeting for  approval of appointment done by BOD in casual vacancy and  AGM for re-appointment of auditors for next 5 years.

.

If yeas

Under which business (ordinary or special business) should the following items be shown:

(1) approval of casual vacancy

(2) re-appointment for next 5 years

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[msdasso...@gmail.com]

In my view, both are special businesses. first, regularize the appointment and then re-appointment.