Circular : No. 35/6/68‑CL‑III, dated 18‑11‑1969. Subject:-Appointment of auditors other than retiring auditors ‑ Non‑forwarding of notice to retiring auditors ‑ Consequence of The effect of non‑forwarding of notice under section 225(2) to the retiring auditors has been examined by the Company Law Bo
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Failure to notify retiring auditors renders auditor appointment resolutions illegal and may amount to professional misconduct. Non forwarding of the special notice for appointing or removing auditors renders the resolution illegal and ineffective. The statutory framework mandates sending the notice to the company and a copy to the retiring auditor, allowing written representations and circulation to members; strict compliance is required and contravention exposes the company to penalties. Additionally, a new chartered accountant accepting appointment without written communication with the retiring auditor or without verifying compliance with the notice obligation may be deemed guilty of professional misconduct under the professional schedule.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Failure to notify retiring auditors renders auditor appointment resolutions illegal and may amount to professional misconduct.
Non forwarding of the special notice for appointing or removing auditors renders the resolution illegal and ineffective. The statutory framework mandates sending the notice to the company and a copy to the retiring auditor, allowing written representations and circulation to members; strict compliance is required and contravention exposes the company to penalties. Additionally, a new chartered accountant accepting appointment without written communication with the retiring auditor or without verifying compliance with the notice obligation may be deemed guilty of professional misconduct under the professional schedule.
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