Removal of Auditor
Whether an auditor can be removed before the completion of his tenure?
Yes, but it is not an easy job to remove an auditor, it is always better to ask for the resignation of the auditor. Given below is the procedure for removal of auditor:
- The only mechanism for removal of a Statutory Auditor appointed under the Act before the expiry of the term, requires the prior approval of the Central Government (at present, the powers have been delegated to the jurisdictional Regional Director).
- Special resolution of the company passed by the members is also required.
- Auditor should be given a suitable opportunity to make representation
- MGT-14 to be filed w.r.t Special Resolution
- File application in form ADT-2 along with the grounds of removal and other details, for Central Government approval.
- INC-28 is to be filed within 30 days along with the copy of Central Govt. approval.