State, whether the following persons are eligible to be appointed as auditor of a company under the provisions of the Companies Act, 2013: Directors of MNO Ltd. (the company) want to appoint Keshav, a fellow member of IC
CS Executive · Company Law and Practice · PYQS · June 2024
State, whether the following persons are eligible to be appointed as auditor of a company under the provisions of the Companies Act, 2013: Directors of MNO Ltd. (the company) want to appoint Keshav, a fellow member of ICAI and practicing Chartered Accountant as an auditor of the company. Naveen, one of the partners of Keshav's CA firm, has given guarantee for ₹1.10 lakhs only in connection with indebtedness of any third person to a subsidiary of the company.
Answer & Explanation:
As per section 141 (3) (d) (iii) of the Companies Act, 2013 read with rule 10 of the Companies (Audit and Auditors) Rules, 2014 , an auditor is disqualified to be appointed as an auditor if he or his relative or partner has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, in excess of one lakh rupees. In the given situation, Keshav will be disqualified to be appointed as an auditor of MNO Ltd as his partner (i.e. Naveen) had given a guarantee for ₹1.10 lakhs (i.e. more than the limit of ₹1 lakh), in connection with the indebtedness of any third person to the subsidiary of the company.
Topics: Audit and Auditors
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