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    Auditor Appointmment in Producer Companies

    Posted By : Kamal / Published on : 16-Dec-2021 02:34 PM / View : 1432 / Comment : 1

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    Hello,

    When Auditor is appointed in case of Producer Companies for a 5 years term?

    In 1st AGM which is conducted in 90 days of Incorporation or the second AGM conducted in same year after completion of financial year. Company was incorporated in Feb, 2021 and 1st AGM was held on 27th March 2021 whereas 2nd AGM was held on 28th November, 2021. So company needs to file ADT-1 after 1st AGM or 2nd AGM in this case?
    Read more on : companies producer appointmment auditor

    • Producer Companies are governed by the Companies Act, 2013 and the rules made thereunder. The appointment of an auditor in a Producer Company is governed by Section 139 of the Companies Act, 2013 and the Companies (Audit and Auditors) Rules, 2014.

      The following are the steps for the appointment of an auditor in a Producer Company:

      1. First Auditor: The first auditor of the Producer Company is appointed by the Board of Directors within 60 days from the date of incorporation of the company. The first auditor holds office until the conclusion of the first Annual General Meeting (AGM).

      2. Subsequent Auditor: Subsequent auditors of the Producer Company are appointed by the members of the company at the AGM. The appointment is made for a period of five years, and the auditor holds office until the conclusion of the fifth AGM.

      3. Eligibility Criteria: The auditor appointed must be a Chartered Accountant or a firm of Chartered Accountants. The auditor or the firm should not be disqualified from appointment under Section 141 of the Companies Act, 2013.

      4. Filing with ROC: The appointment of an auditor in a Producer Company must be filed with the Registrar of Companies (ROC) within 15 days of the AGM.

      5. Consent Letter: The appointed auditor must submit a written consent letter to the Producer Company before the appointment.

      6. Rotation of Auditors: As per the Companies Act, 2013, auditors of a Producer Company are required to rotate every five years. After completion of the five-year term, the auditor or the audit firm cannot be re-appointed as the auditor of the same Producer Company for a period of five years.

      In summary, the appointment of an auditor in a Producer Company requires compliance with Section 139 of the Companies Act, 2013 and the Companies (Audit and Auditors) Rules, 2014. The first auditor is appointed by the Board of Directors, and subsequent auditors are appointed by the members at the AGM. The auditor appointed must be a Chartered Accountant or a firm of Chartered Accountants and must not be disqualified under Section 141 of the Companies Act, 2013. The appointment must be filed with the ROC, and the auditor must submit a consent letter before the appointment. Finally, auditors are required to rotate every five years.

      28-03-2023 / 12:09:30 PM
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