A company XYZ Ltd. had been mis-reporting its financial statements since more than 10 years which none of the stakeholders noticed for years. When the situation of the Company went from bad to worse and it had no option
CS Professional · Multidisciplinary Case Studies · PYQS · December 2021
A company XYZ Ltd. had been mis-reporting its financial statements since more than 10 years which none of the stakeholders noticed for years. When the situation of the Company went from bad to worse and it had no option but to declare it bankrupt, the company issued a press statement that there is a disparity between actual and reported results due to accounting errors. The first question from shareholders of the Company was as to why the auditors had not spotted and corrected the fundamental accounting errors? The auditors of the Company (one of the largest audit firms in the country) had compromised its independence by charging a huge audit fee and also consultancy income worth several times the audit fee. It had knowingly signed off inaccurate accounts in order to protect the management of the Company. The investigation also found a number of significant internal control deficiencies, external reporting processes, and a disregard of the relevant accounting standards. Based on the above facts, answer the following: NFRA constituted under the Companies Act, 2013 has been vested with powers for action against the auditors. Explain powers and functions of NFRA.
Answer & Explanation:
The National Financial Reporting Authority (NFRA) is an independent regulator established under Section 132 of the Companies Act, 2013 to oversee the auditing profession. It is similar to the Public Company Accounting Oversight Body set by in the USA by the Sarbanes Oxley Act 2002. NFRA has the investigative and disciplinary powers. NFRA can: Investigate either suo moto or on the reference made to it by Central Government into the matters of professional or other misconduct, committed by any member or firm of chartered accountants, registered under the Chartered Accountants Act, 1949. Impose penalties of not less than 1 lakh which may extend to five times of the fees received, in case of individuals professionals and of not less than 10 lakhs which may extend to ten times of the fees received, in case of professional firms; if the misconduct is proved. Debarring the member or the firm from engaging himself or itself from practice as the member of the Institute of Chartered Accountant of India for a minimum period of six months which may extend to a period of 10 years. INFRA has also been vested with the same powers as are vested in civil courts under the Code of Civil Procedure, 1908 while trying a suit, relating to: discovery and production of books of account and other documents, as may be specified by the National Financial Reporting Authority; summoning, enforcing the attendance of persons and examination them on oath; issuing commissions for the examination of witnesses or documents; inspection of any books, registers and other documents of any person to whom NFRA has summoned, enforced the attendance and examined on oath; It is also being provided in section 132 of the Companies Act, 2013 that no other institute or body shall initiate or continue any proceedings in such matters of misconduct where the NFRA has initiated an investigation under this section. However, any person aggrieved by any order of the NFRA may appeal before the Appellate Authority constituted for this purpose.
Topics: Company Law
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