Filling of AOC-4 where Auditor Can't be Communicated

[md sayeed]

A Private Limited Co. was incorporated on 18th June,2024 and subsequently First auditor was appointed who term was upto the First AGM.
now till date, Co. is unable to communicate the Auditor as Neither he replied on whats app chat nor he is picking up the call.
so, in this scenario, which could be the best course of action taken by the directors of the company.
1. Can they file ADT-2 after sending an email and asked him to reply within a limited time ( after a Board Resolution)
2. can a new auditor be appointed for the same FY i.e 24-25? ( by calling EGM and passing Board Resolution + MGt14?)
3.  Also, in AOC-4,  what could be the consequences, if AGM date selected after 30th September? ( As, I checked that later date selection is not prevented)
P.S Apart from 3 Directors , there are no other Shareholders.
Thank you in Advance.

[Brinda Thakur]

Hi,

A private company incorporated on June 18, 2024, will end its first FY on March 31, 2025 and thereafter can hold its first AGM within 9months, i.e till December 31, 2025 - First proviso to 96(1).

First Auditor can be appointed within 90days of incorporation by members at EGM-139(6). He will hold office till first AGM. ADT-1 form requires mandatory attachment - Consent + Eligibility certificate , optional BR /SR, as the case may be. MGT- 14 exempt for private companies  for Auditor appointment 

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[CA Rajesh Sewlani]

you are late for everything

first year of the company was from June 2024 to March 2025 and AGM for the same was due on 31.12.2025

Auditor can not be changed in EGM.  

you need to keep strong documentation / email communication and send registered post to auditor

if he is not responding, you need to apply to Regional Director for removal of auditor and after permission from Regional Director, company can appoint new auditor (its a 3 to 6 months procedure)

Best Course of action in this case shall be;;

upload AOC 4 with provisional balance sheet and MGT 7A before January 31 to avoid late fee and non compliances

apply for removal of auditor after strong documentation (WhatsApp messages or calls wont work).  it should be email and registered post letters

after getting approval - appoint new auditor.  

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Regards,

CA Rajesh Sewlani

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[CA Rahul Srivastava]

This is the first AGM which would have been done till Dec 31

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[CA Rajesh Sewlani]

yes - first AGM can be conducted before December 31

but the auditor is not responding - so audited balance sheet is not ready

accounts cant be approved in AGM on December 31

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