Under Section 139(1) Companies Act 2013, the FIRST auditor of a compan…

Question

Under Section 139(1) Companies Act 2013, the FIRST auditor of a company (other than a Government company) shall be appointed by:

Accepted Answer

D. the Board of Directors within 30 days of incorporation; failing which, the members in EGM within 90 days of incorporation

1. Section 139(6) Companies Act 2013: 'Notwithstanding anything contained in sub-section (1), the FIRST AUDITOR of a company, other than a Government company, shall be appointed by the BOARD OF DIRECTORS WITHIN THIRTY DAYS from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall WITHIN NINETY DAYS at an extraordinary general meeting appoint such auditor.'
2. The first auditor shall hold office till the conclusion of the FIRST AGM.
3. For Government companies, the CAG appoints the first auditor within 60 days under Section 139(7).
4. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 139(6)_

Answer

the Central Government within 30 days of incorporation of the company in writing (cf. Companies Act 2013, Section 139(6))

Answer

the Securities and Exchange Board of India for every company that is incorporated (cf. Companies Act 2013, Section 139(6))

Answer

the Comptroller and Auditor-General of India for every company in India (cf. Companies Act 2013, Section 139(6))