Vijay is an auditor of XYZ Ltd, a listed public company having paid-up share capital of ₹10 crore. Advise him as to whether he can render the following services, keeping in mind, the relevant provisions of Companies Act,

CS Executive · Company Law · PYQS · June 2019
Vijay is an auditor of XYZ Ltd, a listed public company having paid-up share capital of ₹10 crore. Advise him as to whether he can render the following services, keeping in mind, the relevant provisions of Companies Act, 2013? (i) Vijay wants to conduct internal audit of XYZ Ltd. He also wishes to provide actuarial services to XYZ Ltd. (ii) Vijay wishes to "design and implement one financial system" and offer management services to ABC Ltd, the holding company of XYZ Ltd. (iii) What will be your answer in the above two cases if services are provided to PQR Ltd, a subsidiary company of XYZ Ltd.?

Answer & Explanation:

Section 144 of the Companies Act, 2013 provides that an auditor shall provide to the company only such other services as are approved by the Board of Directors/ the audit committee, but which shall not include any of the following services (whether such services are rendered directly or indirectly to the company or its holding company or subsidiary company, namely:- accounting and book keeping services; internal audit; design and implementation of any financial information system; actuarial services; investment advisory services; investment banking services; rendering of outsourced financial services; management services; and any other kind of services as may be prescribed. Therefore based on the above mentioned provisions advice to Vijay will be as under: Vijay cannot conduct internal audit of XYZ Ltd or carryout actuarial services to XYZ Ltd. Vijay cannot provide management services or implementation of financial system to ABC Ltd as such services to the holding company is also not allowed. Providing (i) and (ii) services above to PQR Ltd the subsidiary company of XYZ Ltd is also not allowed.

Topics: Audit and Auditors

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