Pursuant to the Companies Act, 2013, it is obligatory for a company to appoint an auditor.
A company's auditor is a practising Chartered Accountant, appointed for preparing and maintaining the company's audit reports.
For the Government Company or Institution, it is obligatory for its auditor to file the report to the Comptroller and Auditor General of India in compliance with all due procedures.
Each such report is an extremely important document for the company.
The appointment of the auditor must be done during the first annual general meeting of the company.
Resignation of an auditor
Section 140(2) of the Companies Act 2013 states the provisions for the formal resignation of the company's auditor.
It states for any formal resignation by the company's auditor, it is obligatory to file a statement of resignation in compliance with all the rules to the registrar.
In case of failure to do so, it is obligatory to pay a fine of ? 50,000 or a sum equivalent to his pay, whichever amount is lesser.
In case of persistent non-compliance, the auditor is bound to pay an additional penalty of ?500 per day of continuing failure with the maximum amount not exceeding ?500000.
Resignation Application
There are clear procedures and rules specified for the filing of a statement of resignation or the resignation application by the company's auditor.
In accordance with the rules stipulated, it is obligatory for the company's auditor to duly file the application Form ADT-3, post resigning to the registrar.
It is mandatory to file Form ADT-3 on the Website of the Ministry of Corporate Affairs or physically file to the Registrar's office.
Also, the company is bound to organise the board meeting and appoint a new auditor, in compliance with the stipulations of the Companies Act-2013.
Until the completion of the next general meeting to appoint a new auditor, the company also has the liberty to appoint a casual auditor.
In the event of a government firm or an institution, the onus lies on the Comptroller and Auditor General of India to appoint an auditor.
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