Appointment of Auditor's / Auditor's Firm
Provisions
related to appointment of Auditors
Section
139(6)
Notwithstanding anything contained in section 139 (1), the first auditor of a company, other than a
Government company, shall be appointed by the Board of Directors within thirty
days from the date of registration of the company and in the case of failure of the Board to appoint such
auditor, it shall inform the members of the company, who shall within ninety
days at an extraordinary general meeting appoint such auditor and such auditor
shall hold office till the conclusion of the first annual general meeting.
Draft documents for Appointment of Auditor u/s 139:
1. Board
Resolution
(on the
Letterhead of the Company)
CERTIFIED
TRUE COPY OF THE RESOLUTION PASSED IN THE MEETING OF BOARD OF DIRECTORS OF
FINANCIAL YEAR 2019-20 OF ....................................
PRIVATE LIMITED HELD ON (Day) ......
(Date)........... (TIME) ..................(Venue)
The Chairman
of the meeting informed that the first Auditors / Subsequent Auditor of the
Company are to be appointed in Board Meeting of the company held on …………….. He informed that
he had got consent of …………………, Chartered Accountants (FRN:……..), for their
appointment as the first Auditors/ of the Company. The Board considered and
passed the following resolution unanimously:
RESOLVED THAT pursuant to the provisions of section 139 of
the Companies Act, 2013, ………………………., Chartered
Accountants having Firm registration number (FRN): ……………… from whom certificate pursuant
to section 139 of the Companies Act 2013 has been received, be and are hereby
appointed as the first auditors of the company to hold office until the
conclusion of the ensuing annual general meeting of the company at a
remuneration to be determined by the Board of Directors of the Company.
FOR ………………………. PRIVATE LIMITED
(Name of the Director &
Sign)
Director
DIN:
Address:
2.
Letter of Consent for appointment as Auditor given by the Auditor’s Firm
(on the Letterhead of the CA Firm)
Date:
………………..
To,
The Board of Directors
…………………….
PRIVATE LIMITED
Regd. Address of
the Company.......
Sub: - Letter
of Consent for appointment as Auditor of
“………………………… PRIVATE LIMITED “
Dear
Sir,
This
is with reference to your letter dated ………………….. seeking our consent for appointment
as Auditor of ……………………………….. PRIVATE
LIMITED (“the Company”). We hereby give our consent to our appointment as Auditor
of your company pursuant to the provisions of Section-139 of the Chapter X of the
Companies Act, 2013.
Thanking you,
Yours sincerely,
For (Name
of the CA Firm)
Chartered
Accountants
(FRN: ……………………..)
…………………………….
Partner
M. No.:
Place:
3. Eligibility Criteria
(Certificate given by CA firm)
(on the Letterhead of the CA firm)
Certificate
[Pursuant to the provisions of Section 139 of
the Chapter X of the Companies Act, 2013 read with the Companies (Audit and
Auditors) Rules, 2014]
Date:
………………..
To,
The Board of Directors
……………………. PRIVATE LIMITED
Regd. Address of
the Company.......
.
Sub: Letter for appointment of
auditor under the Companies Act, 2013
Dear Sir,
In
connection with appointment of our firm M/s ……………………. (“the
firm”), Chartered Accountants as auditor of your company ………………………….
PRIVATE LIMITED in accordance with the provisions
of the Companies Act, 2013 (the Act) and rules and regulations made there
under, we are pleased to confirm that:
1.
That
our firm is eligible for appointment and is not disqualified for appointment
under section 141 of the Companies Act, 2013, the Chartered Accountant Act,
1949 and rules and regulations made there under;
2.
Our
proposed appointment would be as per the terms provided under the Act;
3.
The
proposed appointment is within the limits laid down by or under the authority
of the Act;
4.
There
are no proceedings pending against either of the partners or the firm with
respect to professional matters of conduct.
5.
We
satisfy other criteria as provided under Section 141 of the Act.
Thanking you,
Yours sincerely,
For (Name
of the CA Firm)
Chartered
Accountants
(FRN: ……………………..)
…………………………….
Partner
M. No.:
Place:
4. Appointment Letter of Auditor /
Auditors Firm
(on the Letterhead of the Company)
Date:
…………………………
To,
…………
(name of the CA Firm)
CHARTERED ACCOUNTANTS
Address.:
Sir,
Sub: Appointment as
Statutory Auditor
With
reference to your consent letter and certificate under section 139 and 141 of
the Companies Act, 2013, we are please to inform you that your firm has been
appointment as the first statutory auditor of M/S ……………………………… PRIVATE LIMITED from the conclusion of this Board
Meeting of the company held on ……………….. to
hold office from the conclusion of this meeting until the conclusion of the ensuing
Annual General Meeting of the Company.
The audit fee and other terms and conditions
shall be decided by the board of directors on mutually agreed basis.
Kindly acknowledge the receipt of the
same.
FOR ………………………. PRIVATE
LIMITED
(Name of the Director &
Sign)
Director
DIN:
Address:
Date: ……………….
Place: ………………..
(Prepared by Lalit Rajput, Practicing Company Secretary, available at +91 8802581290 (W) and lalitrajput537@gmail.com )
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