RK Info Pvt. Ltd. (the company) has the following financial details as of 31st March, 2024, according to its financial statements: Paid-up share capital: ₹60 crore Turnover: ₹180 crore Outstanding deposits: ₹30 crore The

CS Executive · Company Law and Practice · PYQS · December 2024
RK Info Pvt. Ltd. (the company) has the following financial details as of 31st March, 2024, according to its financial statements: Paid-up share capital: ₹60 crore Turnover: ₹180 crore Outstanding deposits: ₹30 crore The company is planning to appoint Salim, who is currently serving as the whole-time Company Secretary, as its internal auditor. You are requested to assess the following: (i) Is RK Info Pvt. Ltd. mandatorily required to appoint an internal auditor under the provisions of the Companies Act, 2013 ? (ii) Can a Company Secretary who is in the whole-time employment with a company be appointed as the internal auditor of the same company according to the applicable provisions of the Companies Act, 2013?

Answer & Explanation:

(i) Mandatory appointment of Internal Auditor: As per Section 138 of Companies Act, 2013 read with Rule 13(1)(c) of the Companies (Accounts) Rules, 2014- Every private company having Turnover of two hundred crore rupees or more during the preceding financial year; or Outstanding loans or borrowings from banks or public financial institutions exceeding one hundred crore rupees or more at any point of time during the preceding financial year. From the above provision the criteria of paid-up share capital or outstanding deposits is not applicable to private company. RK Info Pvt. Ltd. is a private company having turnover of ₹180 crore which is less than the stipulated limit of ₹200 crores. Hence, it is not mandatory for RK Info Pvt. Ltd. to appoint an internal auditor. (ii) Appointment of whole-time company secretary as an internal auditor: As per section 138 read with explanation to rule 13 of the Companies (Accounts) Rules, 2014 the internal auditor may or may not be an employee of the company. Hence, a company secretary in whole-time employment can be appointed internal auditor of the same company, if so, decided by the Board.

Topics: Accounts and Audit

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