Chaitanya MalpaniChaitanya Malpani asked 7 months ago

At an AGM of listed Co., Mr. R a retiring auditor after completing a tenure of 5 Consecutive Years of His Service Claims that he has been reappointed automatically , As the intended resolution of which a notice has been Given to Appoint Mr. P, Could not be proceed with , Due to Mr. P’s death.

1 Answers
RaviRavi Staff answered 7 months ago

If meeting is adjourned, that means AGM is not yet over, new person / firm can be appointed. If meeting is over Mr P will get automatically reappointed. 

No reappointed if resolution fails due to death was covered in old co act 1956, such thing is not there in company act 2013.

Rotation under 139(2) wont be applicable see this link

https://auditguru.in/question/sir-if-in-agm-no-auditor-is-appointed-or-reappointed-then-he-is-automatically-reappointed-doesnt-rotation-apply-to-them/