Reappointment of retiring auditor requires an AGM resolution; failure to appoint allows government appointment power. A retiring auditor who is qualified and willing is not automatically or deemed reappointed; the company must pass a resolution at the annual general meeting to reappoint. A resolution appointing a person other than the retiring auditor requires special notice, and non compliance with that requirement invalidates the resolution. Where no auditor is validly appointed or reappointed at the meeting, the statutory power for government appointment of auditors becomes available to fill the vacancy.
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.
Reappointment of retiring auditor requires an AGM resolution; failure to appoint allows government appointment power.
A retiring auditor who is qualified and willing is not automatically or deemed reappointed; the company must pass a resolution at the annual general meeting to reappoint. A resolution appointing a person other than the retiring auditor requires special notice, and non compliance with that requirement invalidates the resolution. Where no auditor is validly appointed or reappointed at the meeting, the statutory power for government appointment of auditors becomes available to fill the vacancy.
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