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Microlesson · 5-min read

Removal of Auditor Before Expiry of Term [Section 140(1)]

# Removal of Auditor Before Expiry of Term

## The Principle First

An auditor is not a casual employee. Removing him mid-term is a serious step because the auditor protects shareholder interest. Therefore the Act builds in three safeguards:

1. Reasonable opportunity of being heard (Audi Alteram Partem — natural justice).

2. Central Government approval (an external check).

3. Shareholder approval by Special Resolution (a 75% supermajority).

All three must be satisfied.

## Step-by-Step Procedure

### Step 1 — Board Resolution

The Board passes a Board Resolution proposing removal.

### Step 2 — Application to Central Government

Within 30 days of passing the BR, an application in Form ADT-2 is made to the Central Government (power delegated to Regional Director).

The CG's approval must be obtained.

### Step 3 — Special Resolution

A Special Resolution must be passed at a general meeting held within 60 days of receipt of CG's previous approval.

### Throughout — Opportunity of Being Heard

The auditor must be given a reasonable opportunity of being heard before removal.

## Timeline Summary

EventTime Limit
Application to CG after BRWithin 30 days
SR after CG approvalWithin 60 days
FormADT-2
AuthorityRD (delegated by CG)

## Why Both CG and SR?

CG approval is a regulator-level safeguard against politically or strategically motivated removals. SR is the owner-level confirmation. Together they make removal a costly and deliberate act.

Worked example

### Example 1

Q. XYZ Ltd. passes a Board Resolution on 1st January 2026 to remove its auditor Mr. P. By when must application be filed with CG, and by when must SR be passed if CG approval is received on 15th February?

A. Application in Form ADT-2 must be filed with CG (RD) within 30 days of BR, i.e., by 31st January 2026. After CG approval on 15th February, the SR must be passed within 60 days, i.e., by 16th April 2026. The auditor must be given a reasonable opportunity of being heard throughout.

⚠️ Common exam mistakes

  • Skipping the CG approval and going straight to SR — both are mandatory.
  • Filing in wrong form (must be ADT-2; ADT-3 is for resignation; ADT-4 is for fraud reporting).
  • Missing the 30-day and 60-day clocks.
  • Forgetting natural justice — the auditor must be heard before removal.
  • Confusing this with non-re-appointment at end of term (Section 140(4)), which needs only Special Notice + SR — no CG approval.
Bare-Act text Section 140(1) · Companies Act, 2013 · click to expand
The auditor appointed under section 139 may be removed from his office before the expiry of his term only by a special resolution of the company, after obtaining the previous approval of the Central Government in that behalf in the prescribed manner: Provided that before taking any action under this sub-section, the auditor concerned shall be given a reasonable opportunity of being heard.
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