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Special Notice Appointment of Auditor other than retiring Auditor

Following is only a template of special notice for appointment of auditor other than retiring auditor. Do refer the relevant provisions given under sections 115 and 140 of the Companies Act, 2013 while drafting such a notice.

FORMAT

Date: ......................

From
(Name of the Shareholder)
Folio No. ...................
(Address)

To
The Board of Directors
................... Limited
(Address)


Sub.: Special Notice under Section 140(4) of the Companies Act, 2013 for the appointment of M/s. ................, Chartered Accountant as the statutory auditors of the company in place of the retiring auditors M/s. ..................., Chartered Accountants.

Dear Sirs,

Kindly note that I am currently a shareholder of the company, holding ........... equity shares which constitutes ...% of the total paid up share capital.

With reference to Section 140(4) of the Companies Act, 2013, I hereby give you a special notice, as per section 115 of the Companies Act, 2013 read with rule 23 of the Companies (Management and Administration) Rule, 2014, of my intention to move at the ensuing ....th Annual General Meeting of the company the following resolution to be an Ordinary Resolution for the appointment of M/s. .................., Chartered Accountants at (Address) as the statutory auditors of the company in place of the retiring auditors M/s. ....................., Chartered Accountants.

I am submitting a draft of the resolution in this regard for approval at the ensuing ...th AGM to be held on (Date) as follows:

“RESOLVED THAT pursuant to the provisions of sections 139, 140, 142 of the Companies Act, 2013 ("the Act") read with the Companies (Audit and Auditors) Rules, 2014 ("the Rules") and any other applicable provisions, including any amendments thereto or re­-enactments thereof, for the time being in force, M/s. ...................., Chartered Accountants (Registration No. ....................) be appointed as the Statutory Auditors of the company, in place of M/s. ................, Chartered Accountants, (Registration No. ................) who are retiring as the Statutory Auditors at this annual general meeting, from the conclusion of the ensuing ...th annual general meeting for a period of five years until the conclusion of the ...th annual general meeting of the company at such remuneration as the board of directors may fix in this behalf in consultation with the Audit Committee.”

I am enclosing herewith a self attested copy of my PAN card for identity verification purposes.

You are kindly requested to do the needful in this regard and oblige.

Thanking you,

Sincerely,

  (signature)
(Name of the Shareholder)
Member

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