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The board of a non-government company fails to appoint the first auditor within thirty days of registration, as section 139(6) of the Companies Act, 2013 requires. How is the first auditor then…

Question and options

The board of a non-government company fails to appoint the first auditor within thirty days of registration, as section 139(6) of the Companies Act, 2013 requires. How is the first auditor then appointed?

  1. By the members at an EGM held within ninety days

  2. By the Registrar, on the company’s application

  3. By the members at the first annual general meeting

  4. By the board within a further thirty days

Answer and explanation

Correct answer: A - By the members at an EGM held within ninety days

Under section 139(6) of the Companies Act, 2013, if the board fails to appoint the first auditor within thirty days of registration it must inform the members, who appoint the auditor at an extraordinary general meeting within ninety days. That auditor still holds office only till the conclusion of the first annual general meeting. A further thirty days for the board applies only under section 139(7), when the CAG fails to appoint the first auditor of a government company.

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