Ordinary Resolution for Appointment of the First Statutory Auditor- Where Board fails to appoint within one month of the date of registration of the company
“RESOLVED THAT pursuant to the provisions of Section 139 and other applicable provisions, if any, of the Companies Act, 2013, read with the applicable Rules framed thereunder (including any enactment(s), re-enactment(s) or statutory modification(s) thereof for the time being in force), consent of the Members of the Company be and is hereby accorded to appoint M/s________, Chartered Accountants (Firm Registration Number________), as the first auditors of the Company to hold office till the conclusion of the first Annual General Meeting of the company at a remuneration of Rs________ only plus applicable taxes and reimbursement of out of pocket expenses incurred by them in connection with the audit.
RESOLVED FURTHER THAT Mr_________, Director of the Company be and is hereby authorised to do all such acts, deeds, matters and things as may be deemed proper, necessary or expedient, including but not limited to filing of necessary e-forms for the purpose of giving effect to this resolution and for matters connected therewith or incidental thereto.”
Explanatory Statement pursuant to Section 102 of the Companies Act, 2013
The company was incorporated on _________. In terms of sub-section (6) of section 139 of the Companies Act, 2013, the first auditor of the company should be appointed by the Board within 30 days from the date of registration of the company and in case of failure of the Board to appoint such auditor, the members of the company shall within 90 days at an extra-ordinary general meeting appoint such auditor.
As the Board fails to appoint the first statutory auditor of the company, the proposed resolution is recommended for your approval.
None of the Directors and their relatives are concerned or interested in the proposed resolution except as shareholders.