What are the guiding criteria for identifying the applicable laws while conducting the Secretarial Audit ?
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2019
What are the guiding criteria for identifying the applicable laws while conducting the Secretarial Audit ?
Answer & Explanation:
Guiding Criteria for Segregation of Specific Laws and General Laws Segregation of laws applicable on the Company into the industry specific and general is essential for Secretarial Audit. After considering the following factors, the auditor should make the segregation of the same based on the laws applicable on the Company: Key financial parameters such as Turnover, Paid-up share capital, Net worth, Borrowings, etc. Geographic location of registered office, units/divisions/plants/branches, etc. Status of company such as listed/unlisted Type/Class of company such as Private, Public, Holding, Subsidiary, Foreign, Nidhi, Producer, Section 8 Company, etc. Registration with various authorities such as SEZ, Sectorial Regulators, etc. Segment such as Manufacturing/Trading/Service/e-commerce and Industry classification thereof Agreements governing rights, obligations of shareholders such as Joint venture, shareholders' agreements. Number, class and category of employees/workers such as women, contractual employees, etc. The auditor should comprehensively verify all laws, rules, regulations made for regulation of specific Industry and should assess the adequacy of systems and process for other General laws applicable to the Company other than Industry Specific Laws and laws specifically covered under Form MR-3.
Topics: Secretarial Audit
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