APPOINTMENT OF AUDITOR

Appointment Of Auditor

All the companies registered like a private limited company or one person company or limited company are required to maintain a proper book of accounts and get the book of accounts audited. Therefore, after the incorporation of a company, an auditor must be appointed by the Board of Directors of the Company. First auditors of the company must be appointed within 30 days of the date of registration of the company by the Directors if not the shareholders can appoint the first auditors within 90 days of incorporation.

Main Clauses Of Appointment Of Auditor

The following information is required in the process of appointing the auditor:

  • Name of the new auditor firm
  • Address of the new auditor firm
  • Email address and PAN number
  • A number of years for which the firm is appointed
  • Details of the resigning auditor firm
  • Appointment date of the new auditor firm
  • Digitally signed Form ADT-1 (along with the signature of the director of the company)
  • Form MGT-14 along with proof of the resolution in the board meeting

Types

There are different types of auditors in a company, these auditors are:

  • First Auditor
  • Internal Auditor
  • Subsequent Appointment of Auditor
  • Secretarial Auditor
  • Cost Auditor
1
Procedure for appointment of First Auditor:

The auditor in this position will serve until the end of the first Annual General Meeting. The company must submit Form ADT-1 to the Registrar of Companies, together with the requisite payments.
If it is a Public Listed Company, then, in that case, the first auditor will be appointed by the auditor general of India and comptroller within 60 days of the Company’s incorporation date, and if the Comptroller General of India does not appoint such auditor within the said period of time, the Company’s Board of Directors shall appoint such auditor within the next thirty days, and if the Board fails to appoint such auditor within the next thirty days, the Company shall be dissolved. The First Auditor will hold the position until the First Annual General Meeting concludes.

2
Procedure for appointment of an auditor other than First Auditor:

The members of the company must appoint auditors (other than the first auditors) in a general meeting. The auditor appointed at the general meeting takes office immediately after the meeting, and the existing meeting will be considered as the first auditor meeting for the newly appointed auditor. However, if a casual vacancy in the office of an auditor arises as a result of registration, the consent of members must be acquired within three months of the Board’s recommendation date. The auditor appointed in the meeting will continue his or her work till the next Annual General Meeting. It is required for the Company to file ADT-1 within 15 days of appointing the subsequent auditor.

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