Companies Act · Audit & Auditors

Auditor Resignation and Removal: Section 140 Risk Checklist

Finin2min Compliance Desk·June 2026·7 min readADT-3

Auditor exits need more care than routine vendor changes. Section 140 governs removal, resignation and special notice, and the compliance risk rises when audit work, financial statements or unresolved issues are pending.

Section 140 base

Section 140 states that an auditor appointed under Section 139 may be removed before expiry of term only by special resolution of the company, after obtaining previous approval of the Central Government in the prescribed manner. It also covers resignation by auditor.

Exit file checklist

ItemControl
Resignation letter / removal proposalCapture reason and effective date clearly.
Board/shareholder processCheck special resolution / approval route where applicable.
ADT-3 / relevant filing trailPreserve filed form and acknowledgement.
Pending audit handoverDocument books, queries and workpapers status.
Communication to incoming auditorEnsure professional handover and independence checks.

Red flags

Finin2min warning

Auditor change is a signal. Document the reason and handover carefully because investors, lenders and regulators may ask.
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Official sources used

This article is intentionally source-limited to official MCA / India Code material. Verify final filing positions with the latest Act, Rules, MCA forms and portal advisories before publishing.

FAQs

Which section covers auditor resignation/removal? â–¾

Section 140 covers removal, resignation of auditor and special notice.

Can an auditor be removed before term expiry casually? â–¾

No. Section 140 sets a special-resolution and approval route for removal before expiry of term.

Should finance prepare handover documents? â–¾

Yes. Pending audit queries, books and filings should be tracked during auditor transition.