An auditor is to be appointed in a company for the first time. The company has a Board of Directors but no Audit Committee yet. Under which section of the Companies Act, 2013 is the procedure for appointment of the first auditor prescribed?

Solution

Section 139 of the Companies Act, 2013 deals with "Appointment of auditors". The section prescribes that "Every company shall, at the meeting in which the accounts for the first time are placed before it...or within a period of thirty days before the date of such meeting, appoint one or more individuals or a firm as an auditor or auditors who shall hold the office from the conclusion of that meeting till the conclusion of the sixth annual general meeting." Section 137 addresses the practice of auditing, Section 138 addresses auditor qualifications, Sections 140-141 address auditor's duties, but Section 139 specifically prescribes the appointment procedure.