1. Here, in this scenario, the Auditor is asking special resolution under section 139(9) and special notice under section 140(4) for being appointed stating that the retiring Auditor is not getting re-appointed. At each Annual General Body meeting of the company, the shareholders shall appoint an auditor for the company. 3.

Appointment By Directors. Sheetal Goel (CA, CS) 26 June 2013 The Statutory Auditor of a Private company has expressed his unwillingness to be reappointed in AGM for the next term. There is no option to appoint auditor for less than 5 year or more than 5 year in a single term.

Such powers must be exercised by the board within one month of the date of registration of the company.

The first auditor as appointed by the company will hold office till the conclusion of the first annual general meeting. 31. Lets Discuss the Provision and Process for Appointment of Auditor in case of “Casual Vacancy arise due to Resignation of Auditor”: If a Casual Vacancy arises due to resignation of auditor then new auditor will be appoint by Board of Director but such appointment shall be approve by the Shareholder in their Extra-Ordinary General Meeting.

Alternatively, if the auditor had been appointed by the company at a general meeting, then the auditor’s fees must be fixed by the company in general meeting. An auditor or an auditing firm will be re-appointed at the AGM, unless: 1.
How is a company auditor appointed? When opted not to reappoint him. The auditor holds office until one of the following occurs: The auditor obtains ASIC consent to resign - Form 342 Application for consent from ASIC to resign as an auditor of a public company .

In accordance with Section 485 of the 2006 Companies Act, an auditor must be appointed by a private company for each financial year, unless the directors reasonably conclude that audited accounts are unlikely to be required (e.g. He or she then holds office until the end of the first meeting of the shareholders at which the accounts are laid before the members. The reason may be death etc but does not include removal of the auditor. In this blog we will focus on the various methods whereby a UK Limited Company can appoint an Auditor. Reappointment of auditors/renewal of auditors. Home » Questions » If auditor’s appointment is not ratified in AGM and then 139(10) applies which says old auditor will continue then what will be the significance of ratification of 139(1)…Rule 3(7) says BOD will appoint if auditor is not ratified in AGM..question is how rule can override the Act 0 Vote Up Vote […]

so another Auditor is to be appointed in place of the retiring Auditor (Plese note that the existing auditor is not removed) The auditor holds office until the company's first AGM, where the appointment is confirmed by the members or another auditor is appointed.


Every company, whether public or private company, must appoint an auditor to audit its account. Appointment of Company Auditor.

Here we will discuss the appointment of an auditor as per the provisions of the Companies Act, 2013. Sol. The auditor appointed in the AGM holds office from the conclusion of that meeting till the conclusion of the 6th annual general meeting. The auditor has shown his unwillingness to continue 2. **the wordings would mean that all the provisions of Section 139(1) shall be complied even if the retiring auditor is not appointed i.e. When he is not interested or expressed unwillingness to accept reappointment. My view is that as their 5 yrs term is over, we have to appoint a new Auditor in AGM by means of an ordinary resolution only and not a special resolution and also no special notice is required. The Board of Directors are empowered to appoint the first auditors of a company who shall hold office until the conclusion of the first annual general meeting.

2. — Such appointment shall be subject to ratification in In other word, term of appointment of auditor shall be till 6 th AGM from the date of appointment. When a resolution is passed in the AGM appointing some other auditor. Form ADT-1 shall be filed with the RoC and the new auditor shall hold office up to the sixth AGM from the AGM (i.e. by members in the AGM. Companies (Amendment) Bill, 2003 requires a special resolution. If not auditor is appointed in AGM then retiring auditor will continue as auditor of the company from the conclusion of this AGM to conclusion of 6th Annual General Meeting of the Company subject to ratification by shareholder in every AGM. The auditor so appointed shall hold office until the conclusion of the subsequent annual general body meeting. (For this scenario however, the company’s members can also authorise the directors to fix the auditor’s fees at the most recent AGM.)


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