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Procedure for appointment of First Auditors and Subsequent Auditors under the Companies Act, 2013 of  Government Company and for Companies other than Government Company.

COMPANY OTHER THAN GOVERNMENT COMPANY
FIRST AUDITOR SUBSEQUENT AUDITOR
  • First auditor shall be appointed by the Board within 30 days of incorporation;
  • Board Resolution for recommending appointment of auditor in the AGM;
  • If the Board fails to appoint, then members shall appoint first auditor in general meeting within 90 days of incorporation;
  • Ordinary resolution for appointment at AGM by the shareholders;
  • First auditor will hold office till the conclusion of the first AGM;
  • Such appointment shall be for a period of 5 years;
  • E-form ADT-1 shall be filed within 15 days of appointment;

[In case of Specified IFSC Public and Private Company, the intimation shall be filed within 30 days.]

  • E-form ADT-1 shall be filed within 15 days of appointment;

[In case of Specified IFSC Public and Private Company, the intimation shall be filed within 30 days.]

  • Intimation to the auditor for his appointment by the company within 15 days of appointment.
  • Intimation to the auditor for his appointment by the company within 15 days of appointment

GOVERNMENT COMPANY

FIRST AUDITOR SUBSEQUENT AUDITOR
  • Appointment Letter from C&AG within 60 days from the date of incorporation;
  • Appointment Letter from C&AG within 180 days from the commencement of financial year;
  • In case, C&AG fails to appoint first auditor, then Board shall appoint by a passing a board resolution within next 30 days;
  • E-form ADT-1 shall be filed within 15 days of appointment;

[In case of Specified IFSC Public and Private Company, the intimation shall be filed within 30 days.]

  • In case, even board fails to appoint within 90 days of incorporation, members shall appoint within next 60 days in an EOGM by passing ordinary resolution;
  • The auditor shall hold the office till the conclusion of AGM.
  • E-form ADT-1 shall be filed within 15 days of appointment;

[In case of Specified IFSC Public and Private Company, the intimation shall be filed within 30 days.]

  • Intimation to the auditor for his appointment by the company within 15 days of appointment.
  • First auditor shall hold office till the conclusion of first AGM;
  • Intimation to the auditor for his appointment by the company within 15 days of appointment.

Author Bio

Mohit P. Patel is a Member of the Institute of Company Secretaries of India and Trademark Attorney and has done his graduation in Law. He is accomplished and diligent Company Secretary and Trademark Attorney with a strong track record of ensuring legal compliance and protecting intellectual property View Full Profile

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