Question
The auditor appointed under section 139 may be removed
from his office before the expiry of his term only by a special resolution of the company , after obtaining the previous approval of the Central Government. The application shall be made to the Central Government within ________ of the resolution passed by the Board.Solution
Removal of Auditor An auditor can be removed before the completion of his/her term by passing a special resolution by the company and obtaining prior approval from the central government in prescribed manner (as prescribed in Rule 7 of the Companies (Audit & Auditors) Rules, 2014):
- The application to the Central Government for removal of auditor shall be made in Form ADT-2Â and shall be accompanied with fees
- The application shall be made to the Central Government within thirty days of the resolution passed by the Board.
- The company shall hold the general meeting within sixty days of receipt of approval of the Central Government for passing the special resolution.
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