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Auditor Appointment/ Resignation

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Auditor Appointment/ Resignation

According to the Companies Act, 2013 ("Act"), each company must employ an auditor to manage its books of accounts. The company's audit reports, which are generated by an auditor, are important papers. As a result, at its first Annual General Meeting, the firm must appoint an auditor. The Auditor's Resignation Act, Section 140(2), allows an auditor to quit. It stipulates that an auditor must file a declaration of resignation with the Registrar within thirty days after his resignation date, as specified in the Rules. The auditor of a government corporation or a company owned by the government will file the statement with the Comptroller and Auditor-General of India.

Documents Required

Documents Required For Appointment-

  • Digitally signed Form ADT 1
  • Date of appointment of the new auditor firm
  • Information of the resigning auditor firm
  • The number of years for which the firm is appointed
  • Email address and PAN number
  • Address of the new auditor firm
  • Name of the new auditor firm

Documents Required For Resignation-

  • Reasons for resignation and any other relevant facts for resignation
  • Address, City, State, Pin Code and Email ID of the auditor/auditor’s firm
  • Membership Number
  • Income Tax PAN of auditor
  • Category of Auditor
  • Name, Registered Address and Email
  • Corporate Identification Number (CIN)

Procedure Of Appointment/Resignation

Below is the procedure for appointment-

According to section 139 of the Companies Act, 2013, the First Auditor of a business other than a government entity must be appointed by the Board within 30 days of its incorporation. If the Board fails to select the First Auditor within 90 days, an EGM (Extraordinary General Meeting) must be held. The 90-day period begins on the day of incorporation, not when the 30-day period ends.

Below is the procedure for resignation-

  • T he auditor must provide the company and the ROC a resignation letter and form ADT-3.
  • To effect the resignation, a board meeting with all of the directors will be called.
  • Under Sections 139 and 141 of the Companies Act 2013, the corporation should get a consent letter from the new auditor firm.

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FAQ

Who is an auditor?

An auditor is a person who has been given the authority to check and verify the accuracy of financial records. The auditor makes sure that the businesses are following the tax regulations.

Can a company auditor be removed before the expiry of his/her term?

According to Section 140(1) of the Companies Act, 2013, an auditor appointed by a company can only be dismissed from his or her position before the term expires if a special resolution is passed.

Should an auditor of a private limited company also file ADT-3?

Yes. At the moment of resignation, every auditor shall file an ADT-3.

What is company fails to appoint auditor of company within prescribed time?

A punishment of not less than Rs 25,000 but not more than Rs 5, 00,000 will be levied against the company.

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