CHAPTER 1 APPOINTMENT AND REMUNERATION OF AUDIT Flashcards
(32 cards)
Within how many days of incorporation must the first auditor be appointed?
a) 30 days
b) 60 days
c) 90 days
d) 120 days
90 days
Who appoints the first auditor of the company?
a) Members at the AGM
b) Board of Directors (BOD)
c) Shareholders
d) SECP
Board of Directors (BOD)
Until when does the term of the first appointed auditor last?
a) 30 days
b) Until the second AGM
c) Until the next AGM
d) Until removed by SECP
c) Until the next AGM
Who appoints the auditor for subsequent terms after the first appointment?
a) Directors
b) Members on recommendation of the BOD
c) SECP
d) Shareholders holding 10% shares
b) Members on recommendation of the BOD
What is the time limit to fill a casual vacancy of an auditor?
a) 7 days
b) 15 days
c) 30 days
d) 90 days
c) 30 days
Under which circumstances will SECP appoint an auditor?
a) Auditor is removed by a special resolution
b) Auditor not appointed within 90 days of incorporation
c) Casual vacancy not filled by directors within 30 days
d) Both b and c
d) Both b and c
Who fixes the remuneration of the auditor in case SECP appoints the auditor?
a) Members
b) Directors
c) SECP
d) Shareholders holding at least 10% shares
c) SECP
How many days before the AGM must a notice be given to the company for proposing a new auditor?
a) 3 days
b) 5 days
c) 7 days
d) 10 days
c) 7 days
If a retiring auditor wishes to make a representation, how many days before the AGM must it be submitted?
a) 1 day
b) 2 days
c) 5 days
d) 7 days
b) 2 days
What action must the company take upon receiving notice of appointment of a new auditor?
a) Forward it to the SECP
b) Inform all shareholders
c) Send a copy to the retiring auditor and post it on the website
d) Call an emergency meeting
c) Send a copy to the retiring auditor and post it on the website
What is the maximum period allowed for the company to intimate SECP about the appointment of a new auditor?
a) 7 days
b) 14 days
c) 30 days
d) 45 days
Answer: b) 14 days
Who can remove an auditor before the conclusion of the AGM?
a) Members by an ordinary resolution
b) Members by a special resolution
c) Directors through majority approval
d) SECP on its own motion
Members by a special resolution
Which of the following is a correct sequence for appointing an auditor in case of non-compliance by the company?
a) Members → SECP → Directors
b) SECP → Members → Directors
c) Directors → Members → SECP
d) Directors → SECP → Members
d) Directors → SECP → Members
(Explanation: If the first auditors are not appointed within 90 days by the directors, SECP steps in. If SECP does not act, members may appoint the auditor.)
If an auditor is removed by a special resolution, what must happen next?
a) SECP automatically appoints the next auditor.
b) The board appoints the next auditor with SECP’s prior approval.
c) Members directly appoint the next auditor at the AGM.
d) The casual vacancy remains until the next AGM.
The board appoints the next auditor with SECP’s prior approval.
A company fails to appoint an auditor during the AGM, and the casual vacancy is not filled by the directors within 30 days. What is SECP’s responsibility in this scenario?
a) Issue a penalty notice to the company for non-compliance.
b) Appoint an auditor at its discretion or on an application from members.
c) Order the AGM to appoint a new auditor.
d) Transfer the case to a court for further proceedings.
Appoint an auditor at its discretion or on an application from members.
A member holding 12% shares in a company intends to propose a new auditor at the AGM. Which of the following conditions must be fulfilled to make this valid?
a) The member must give 14 days’ notice to the company and obtain the auditor’s consent.
b) The member must submit a notice 7 days before the AGM and obtain the proposed auditor’s consent.
c) The member must submit the proposal directly at the AGM without prior notice.
d) No additional conditions are required if the member holds more than 10% shares
The member must submit a notice 7 days before the AGM and obtain the proposed auditor’s consent.
If SECP appoints an auditor due to the company’s failure to comply, who is responsible for fixing the auditor’s remuneration?
a) Directors
b) SECP
c) Members in an extraordinary general meeting
d) Members during the AGM
SECP
A company’s retiring auditor objects to the appointment of a new auditor and submits a representation to the company. What is the company’s obligation?
a) Ignore the representation and proceed with the new appointment.
b) Ensure the representation is read at the AGM and sent to all members.
c) Allow the retiring auditor to present the representation at a board meeting.
d) Forward the representation directly to SECP for review.
Ensure the representation is read at the AGM and sent to all members
. Which of the following is NOT a valid reason for SECP to appoint an auditor?
a) The company fails to appoint an auditor within 90 days of incorporation.
b) Members request SECP to appoint an auditor due to mismanagement by directors.
c) Casual vacancy is not filled by directors within 30 days.
d) Auditors appointed by members are unwilling to act.
b) Members request SECP to appoint an auditor due to mismanagement by directors.
(Explanation: Mismanagement by directors is not a specified reason for SECP intervention.)
If a company fails to intimate SECP within 14 days of an auditor’s appointment, what are the potential consequences?
a) SECP may invalidate the auditor’s appointment.
b) The company may face penalties for non-compliance under the Companies Act.
c) The appointment will be escalated to the AGM for approval.
d) The company’s financial statements will be considered unaudited
b) The company may face penalties for non-compliance under the Companies Act.
Under what circumstances can SECP appoint an auditor on its own motion, without an application from the company or members?
a) The company fails to conduct an AGM.
b) The company fails to appoint an auditor after removal by a special resolution.
c) Directors refuse to comply with member recommendations for appointment.
d) Directors fail to appoint the first auditors within 90 days of incorporation.
d) Directors fail to appoint the first auditors within 90 days of incorporation.
Which of the following statements is true regarding the retirement of an auditor?
a) The retiring auditor has no right to address the AGM.
b) A retiring auditor is automatically reappointed unless explicitly removed.
c) The retiring auditor cannot oppose the appointment of a new auditor.
d) The retiring auditor cannot make any representations once notice is given.
A retiring auditor is automatically reappointed unless explicitly removed
A private limited company was incorporated on March 1, 2025. By June 30, 2025, the directors failed to appoint the first auditor. What action can SECP take in this case?
a) SECP can impose a penalty and order the company to appoint an auditor at the next AGM.
b) SECP can appoint an auditor on its own motion or upon receiving an application from the members.
c) SECP can extend the timeline for the company to appoint an auditor.
d) SECP can cancel the company’s incorporation for non-compliance.
SECP can appoint an auditor on its own motion or upon receiving an application from the members.
During an AGM, members failed to appoint an auditor for the next term. The board of directors also failed to fill the casual vacancy within 30 days. What should happen next?
a) SECP must appoint an auditor for the company.
b) The company must call an extraordinary general meeting to appoint an auditor.
c) The retiring auditor automatically continues for another term.
d) The company must notify SECP about the vacancy and wait for approval.
SECP must appoint an auditor for the company.