Z Ltd. is a listed Company, in pharma sector. During the Covid-19, for expansion, it acquired M Ltd., which is an unlisted Company. The medicine in Highly demand named 'ROLO' was produced by M Ltd. in large quantity. Dur

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2022
Z Ltd. is a listed Company, in pharma sector. During the Covid-19, for expansion, it acquired M Ltd., which is an unlisted Company. The medicine in Highly demand named 'ROLO' was produced by M Ltd. in large quantity. During the investigation, it was found that there was big scam, where the merged entity has given huge incentives amounting ₹ 2000 Crore approximately to medical professionals for recommending the ROLO. The government has also constituted a special committee to report on the same. A Company Secretary firm was engaged to report on fraud. In view of this type of cases, what other types of transactions to be noticed under the term of 'Fraud'. Who is considered as an Auditor for fraud reporting ?

Answer & Explanation:

Transaction which may involve the fraud: In the past, "Fraud" has been noticed in many cases of scams in the following kinds of transactions:- Related Party Transactions; Excessive Managerial remuneration; Insider Trading; Inter Company transactions; Mergers/demergers/acquisitions; IPO frauds etc. Other means of Corporate fraud are the inadequate disclosures, false or misleading information, theft of assets, false expenses, corruption, theft in formation, fraudulent applications, misuse of assets, dishonest business partners, fraudulent billing. These areas are not exhaustive but only some examples are given so as to guide fraud detection. Who is considered as an Auditor for Fraud Reporting? The auditor includes the: Statutory Auditors of the company appointed under section 139 of the Companies Act, 2013, Company Secretary in Practice conducting Secretarial Audit under section 204 of the Companies Act, 2013, Cost Accountant in practice conducting Cost Audit under section 148 of the Companies Act, 2013 and the Branch Auditors referred to in section 143(8) of the Companies Act, 2013. However, the Internal Auditor or such other professionals appointed under any other statutes rendering other services to the company such as a tax auditor appointed under Income Tax Act, GST auditors appointed under the respective GST legislations are not covered under section 143 of the Companies Act, 2013.

Topics: Secretarial Audit / Due Diligence

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