Resignation Letter and NOC from Auditor

[Srinivas Jakkani]

Dear Professionals,

can any one kindly provide me the draft NOC and Resignation Letter from the existing auditors to appoint new auditors, and also explain the procedure to appoint new auditor in place of existing auditors. do we need to file the ADT-3 for resignation of auditor, ADT-1 for appointment of new auditor and MGT-14 for filing the Extract of Ordinary resolution in EGM.

Thanks & Regards

J Srinivas M.Com, MBA, LL.B, CS(Final)
Hyderabad - 500 029
+ 91-9581250505

+91-9032023056

P 

“Please take care of the environment, print only if necessary”

[Srinivas Jakkani]

[Amit]

Dear friends,

As we have done this activities there is no need to file MGT 14 or conducting EOGM in case of Auditor submitted their resignation. 

only you need to obtain the resignation letter from the existing Auditor on their letter head and sign the ADT 1 submitted with the ROC and there after submission of ADT 3 within 15 days of the resignation to avoid penalties in filling of ROC fees.

here appointement of new auditor is done in the Board meeting and extract of the Minutes alongwith the consent & Appointment letter  is being used as a attachement. with ADT3 filed with ROC within 15 days of resignation to avoid Late fees on ROC filling.

Regards

Amit

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[PAYAL KOTHARI]

Sir what if the auditor is not ready to resign. Do i need t ofile ADT 2 or simply appoint new auditor in AGM.?

[CA Sumit Parolia]

simple at AGM appoint new Auditor in place of old Auditor.

Regards,
ACA SUMIT PAROLIA
S PAROLIA & ASSOCIATES
Practicing Chartered Accountants
Kolkata

E-mail: Ca.pa...@gmail.com

[sonam garg]

if the existing auditor gives the resignation letter after March 2015 so can the new auditor appointed audit the accounts of 2014-15

[Manish Dev Gupta]

I think EGM/approval at AGM  is requires as per section 139 (8) of Companies Act 2013 reproduces hereunder

139 (8) in the case of a company other than a company whose accounts are subject to audit

by an auditor appointed by the Comptroller and Auditor-General of India, be filled by

the Board of Directors within thirty days, but if such casual vacancy is as a result of

the resignation of an auditor, such appointment shall also be approved by the

company at a general meeting convened within three months of the recommendation

of the Board and he shall hold the office till the conclusion of the next annual general

meeting;

Regards

Manish Dev Gupta

[Chandravijay Shah & Co.]

Certainly. In case of a Private Limited, no difficulty would arise, even if the Resignation comes in August, 2015.

 

The factors, like, estimated time required by the Incoming Auditor to complete the Audit, the time gap for sending Notice of Board Meeting (SS – 1) and Notice of Annual General Meeting (SS – 2) should be duly taken care of.