Subhendu S Sanyal asked 5 years ago
Dear Sir,
In case of a non government company, existing statutory auditor was reappointed in the annual general meeting but after that auditor declined/refused to accept the appointment.
In this case what will be the procedure of appointment of auditor and who will appoint ?Can Board fill up the vacancy?
What if this is a new appointment done at AGM and auditor refuses/declines to accept the appointment?
What will happen if the company is a government company?
If there is any Section/MCA Circular / Case Law kindly quote the same..
Ravi Staff answered 5 years ago
first of all this question was relevant for old companies act 1956
concept of acceptance was under old law, now its concept of consent letter prior to acceptance
now even if you want to solve this case as per new law, then old retiring auditor will get re-appointed
bod cannot appoint anyone else
in case of government company everything is in hands of CAG