Hello.
If an auditor is appointed after casual vacancy then his/her tenure expires after conclusion of next AGM 139 (8).
My question - Whether and how we can reappoint the same auditor for next financial year?
Whether 139(9) will apply in this case?
Hello Mr. Raghav Arora!
Sec. 139 of the Companies Act, 2013 is reproduced herein below:
"139. Appointment of auditors"
(9) Subject to the provisions of sub-section (1) and the rules made thereunder, a retiring auditor may be re-appointed at an annual general meeting, if—
(a) he is not disqualified for re-appointment;
(b) he has not given the company a notice in writing of his unwillingness to be re-appointed; and
(c) a special resolution has not been passed at that meeting appointing some other auditor or providing expressly that he shall not be re-appointed.
(10) Where at any annual general meeting, no auditor is appointed or re-appointed, the existing auditor shall continue to be the auditor of the company.
If the above conditions are being fulfilled then the current auditor can be re-appointed. Hope your query is re-solved.
Let me know incase of any further query.
Regards,
Adv. Rohit Dalmia
