Satyam TripathiSatyam Tripathi asked 2 years ago

Sir 2,3,4,5th AGM me ratification ni hua to casual vacancy {sec 139(1)} but sir sec 139(10) ki no appointment in AGM to retiring auditor will continue Sir retiring auditor means jisne 5 or 10 yr ka term poora kar liya hai To agar wo specified company huyi & auditor ne 5/10 yr poora kar liya & AGM me koi appointment ni ho payi to kya poorana wala continue karega? & Agar haan to cooling period ka kya relevance Raha

1 Answers
Best Answer
RaviRavi Staff answered 2 years ago

Hello Satyam
Section 139 (2) rotation will override Sec (10) automatic reappointment. that means if rotation is applicable and same time automatic reappointment also applicable, rotation will happen. in such case, place will remain vacant and authorities will guide how next auditor will be appointed.
please read below solved queries for more clarity

If auditor’s appointment is not ratified in AGM and then 139(10) applies which says old auditor will continue then what will be the significance of ratification of 139(1)…Rule 3(7) says BOD will appoint if auditor is not ratified in AGM..question is how rule can override the Act

Ratification vs reappointment

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