Appointment of auditor of a company:Sub-section (6) of section 139 of the Act states that, 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 30 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 90 days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting. As per this sub-section, the board has to appoint an auditor within 30 days or if the Board fails to appoint, then on 31st day onwards the boards duty to inform the members about such failure of the board for the appointment of the first auditor triggers. The members, shall within 90 days from the date of information being sent to them, appoint an auditor and such auditor shall hold office till the conclusion of the first annual general meeting. As stated above, the duty of the Board to inform members about their failure to appoint the first auditor triggers immediately on expiry of the 30 days period whereas the duty of the members of the company to appoint the first auditor, triggers immediately on receipt of information of non “ appointment by the Board. Therefore, If at an annual general meeting, no auditors are appointed or reappointed, the board of directors appoints a person to fill the vacancy.