Procedure for Appointment of joint auditor

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CS AMAR

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Jun 2, 2011, 1:40:14 AM6/2/11
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Dear Members,

Subject matter:
 
Our company is a unlisted public company and a Private company which is subsidiary of public company, we want appoint a joint auditor for both the company.

Actually we have alredy a statutory auditor ABC and co Chartered accountant, again we want to appoint XYZ and associates Chartered accountant as a joint statutory auditor with same role and responsibilty of ABC and Co.
 XYZ and associates(Joint auditor) have to sign balance sheet of 31.03.2011
 
Can any body guide me for procedure for appointment of joint auditor (we appoint him in back dated) ?
 
1. As per my knowledge only in case of appointment of First Auditor and casual vacancy of Auditor is appointed by Board only and all other cases members have to appoint in GM.
 
2. Can i appoint him in Board Meeting (Proposal for appointment) and approved in EGM ?
 
 
 
 its urgent basis..................................
 
Thanking you
CS Amarendra Jena

mann vishwakarma

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Jun 2, 2011, 2:55:41 AM6/2/11
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Dear Amarendra ,

You can appoint him in Board Meeting (Proposal for appointment) subject to members approval. It means you appoint him in board meeting untill conclusion of Annual General and get it reappoint in AGM.

Warm Regds,
CS Mantosh


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Astarag

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Jun 2, 2011, 6:13:07 AM6/2/11
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I think we can not make appointment in BM subject to members approval 
except First auditor and auditor in case of casual vacancy (other than caused by resignation of Auditor) 
board has no power to appoint auditor

For urgency you can appoint joint Auditor in EGM
and in Subsequent AGM you can reappoint the auditors
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with regards,

Cs. P.A. Patnaik

INDRANI SANKA

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Jun 2, 2011, 6:23:00 AM6/2/11
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I agree with Papatnaik. You ll have to apoint the auditor in the general meeting only.
 
 
Thanks,
indani

mann vishwakarma

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Jun 2, 2011, 6:55:32 AM6/2/11
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Dear Indrani and Astarag,

Is there any provision in Companies act that we can not appoint joint auditors in BM.. If yes, then let us know..

Warm Regds,
CS Mantosh

kiran mukadam

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Jun 2, 2011, 7:42:16 AM6/2/11
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Hi, 

As per section 224 to 226, the BOD only appoint the Auditor in case of casual vacancy other than resignation of Auditor and First Auditor. This means that the BOD cannot appoint joint statutory Auditor in BOD meeting
CS Kiran Mukadam

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mann vishwakarma

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Jun 3, 2011, 12:56:02 AM6/3/11
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Dear Kiran,

The said section talking about auditors not on appt. of joint auditors..opinion of other members are welcome for the said subject.

Warm Regds,
CS Mantosh

CS AMAR

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Jun 3, 2011, 1:52:19 AM6/3/11
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Hi,
In companies Act 1956, no where mentioned regarding appointment of Joint auditor but section 224 says every co. shall, at each ANNUAL GENERAL MEETING appoint an AUDITOR and AUDITORS..........................
 
So my doubt is "Can we appoint a STATUTORY AUDITOR in EGM ? "
 
Plz enlight me on above issue.

Astarag

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Jun 3, 2011, 1:59:23 AM6/3/11
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Yes in case of resignation by existing auditor you can appoint new St auditor in EGM. Other wise there ll be no need to appoint in EGM in normal course

INDRANI SANKA

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Jun 2, 2011, 8:05:41 AM6/2/11
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Hi,
 
As said by Mr. Kiran, Section 224 of the Companies act states that the auditors are to be appointed at the annual general meeting of the company.
 
Regards,
Indrani
On Thu, Jun 2, 2011 at 5:12 PM, kiran mukadam <kiranm...@gmail.com> wrote:

kiran mukadam

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Jun 6, 2011, 12:45:52 AM6/6/11
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Hi,

Only retiring auditor or new auditor in place of retiring auditor shall be appointed in AGM
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