[Urgent] Auditor's Resignation after signing of Balance Sheet

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manav harivyasi

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Aug 5, 2016, 7:33:15 AM8/5/16
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If auditors resign after signing of balance sheet then what would be the procedure for appointing a new auditor?
Whether he would be appointed in Board meeting and then would be approved in EGM or directly we can appoint him in AGM?
What would be the term of auditor if appointed in AGM or Board Meeting? it would be upto the next AGM or it would be for a period of 5 years?

Utkarsh Gaur

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Aug 5, 2016, 7:42:12 AM8/5/16
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Casual vacancy arising by other than resignation: Whereas casual vacancy is arising by other than resignation
then vacancy shall be filled the Board within 30 days.

Casual vacancy arising due to resignation: If casual vacancy is arising due to the resignation of auditor, it shall be filled within 30 days by the Board of directors, and the appointment made by the Board shall be approved in a general meeting convened within 3 months from the date of recommendation of the Board.



Thanks
Utkarsh Gaur

manav harivyasi

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Aug 6, 2016, 1:52:37 AM8/6/16
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Hi Utkarsh,

I do have read the provisions of section 139(8) of the Companies Act, 2013 and that I too can copy paste

Can you specifically provide answers or suggestions to all three queries above?

sandeep kumar

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Aug 6, 2016, 3:23:05 AM8/6/16
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Hello Member

If auditor resigns after signing the balance sheet then first within 30 days of resignation BOD should appoint an auditor. The appointment of auditor should be approved by the member in the AGM(if it is not held) or in EGM(within 3 months). The auditor appointed will hold office till the conclusion of Next AGM. 



Thanks and regards
Sandip Kumar Chaubey
Company Secretary
Skyway Ventures Ltd.
Mob. No. 9990507560


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