Hello All,
A query: a Pvt. Company was incorporated in Oct 2020, first year ends on march 31...first auditor apt till date of first AGM held in Nov 21...auditor filed ADT 3 in Jan 2022 effective 30 Jan 22...and did not do audit of march 31...Now our CA firm is apt as Auditor...the question is how the CA firm do the audit of march 21...as such the first auditor vacates its office in first AGM i.e. Nov 21...so technically his ADT 3 is irrelevant....so our firm can be apt in Nov 21 for 5 years but how to audit march 21 financials
One solution is AGM to be held on Nov 1, 21 were our auditor is apptd...but accounts adoptions is not done so AGM adjourned...file un adopted financials wed MCA...then before Dec 30 (since first AGM) to hold one general meeting to adopt financials march 31 and file the same wed MCA...can this be done
Can auditor apt in Nov 21 do audit of march 31, 21...kindly guide in this matter
Dear Group members,
One of our clients was not appointed Auditor in last AGM and also the same point mentioned in directors report for the particular financial and it has been approved in the board of directors meeting to be not appointing of the auditor.
Unfortunately, the company closure process has not yet been done, so we need to file Annual returns for this year, howbeit Auditor was not appointed and the previous auditor has not filed ADT-3.
what is the process to appoint an auditor now?
On which basis Company has to appoint an auditor for this financial Year,
Dear All,
We have incorporated a Producer Company on 16/08/2021 but we have not filed FORM ADT-1 within 15 days from the date of the Board Meeting.
It is mandatory to file ADT-1 for the appointment of the First auditor in the Board Meeting or we can appoint auditor in our First AGM and file ADT-1.
Dear Members,
There is a casual vacancy for a Statutory Auditor in a Private Company. The Board of Directors wants to pass a resolution through Circular Resolution.
As per Section 179(3) read with rule 8 of Companies (Meeting of Board and its Powers) Rules, 2014; which provides matters to be discussed only through Board Meeting, nothing relating to the resignation of Statutory Auditor is mentioned.
Also, there are some matters restricted as per section 175 of the Companies Act, 2013 as mentioned in some sites but we are unable to find reference to same under the law.
Please let us know whether the casual vacancy of the Statutory Auditor can be noted by the Board of Directors through circular resolution?
Dear Group members,
One of our clients was not appointed Auditor in last AGM and also the same point mentioned in directors report for the particular financial and it has been approved in the board of directors meeting to be not appointing of the auditor.
Unfortunately, the company closure process has not yet been done, so we need to file Annual returns for this year, howbeit Auditor was not appointed and the previous auditor has not filed ADT-3.
what is the process to appoint an auditor now?
On which basis Company has to appoint an auditor for this financial Year,
Dear All,
If the auditor died on 25.04.2021 and the company is appointing the new auditor in case of casual vacancy arise for the fy 2020-21 on 23.02.2022, should it go for compounding under section 147 (1) because the auditor is not appointed within the 3month of casual vacancy at EGM?
Dear All,
First auditor appointed by the Board of newly Incorporated company, RoC intimation is required?
Kindly help.
Dear All,
Please suggest!
In the First AGM dated 30-11-2021, Company appoints an Auditor and the auditor resigned on dated 14th December, Till today company and Auditor have not filed Form ADT-1 and ADT-3.
Can now Company appoint a new Auditor in EGM without filing earlier ADT-1 and ADT-3.
Dear members
In a pvt ltd company statutory auditors ( audit firm) 5 year term completes, few are proposing to appoint some other auditor in the AGM , pls advise shall we to file MGT 14 towards appointment of auditor in place of retiring auditor , as 30 days over from AGM, can we continue the retiring auditor till next AGM under sec 139(10) .
Dear Members,
If term of auditor of pvt company expires and no auditor is appointed in AGM then present auditor will continue till what time , whether it will be up to next AGM or upto another 5 yrs.Pls suggest.
Dear All,
Our Auditor has audited the financial statement of FY 2020-21 but filing of Form AOC-4 in MCA is pending.
the company wants to change stat. auditor in the company for FY 2021-22 and on wards.
my query is that will there be any problem in AOC-4 filing (i.e., error while filing form in MCA) if we file Form ADT-1 for appointment of New auditor before filing form AOC-4.
Hi Everyone,
Kindly apprise about the fact whether ADT-1 w.r.t. appointment of first statutory auditors by Board of Directors is required to be filed or not ?
The relevant provisions of section 139 states the filing required only after AGM, though the form gives you the option of filing for appointment of first auditors .
Please provide inputs on the same.