During the Statutory audit of MOP Limited, the auditors found that a fraud has been committed against the Company by its officers amounting to more than ₹ 10 Crore. What are the duties of statutory auditors in the given
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
During the Statutory audit of MOP Limited, the auditors found that a fraud has been committed against the Company by its officers amounting to more than ₹ 10 Crore. What are the duties of statutory auditors in the given case under the Companies Act, 2013?
Answer & Explanation:
If an auditor of a company, in the course of the performance of his duties as statutory auditor, has reason to believe that an offence of fraud, which involves or is expected to involve individually an amount of rupees one crore or above, is being or has been committed against the company by its officers or employees, the auditor shall report the matter to the Central Government. Section 143 of the Companies Act, 2013 confers certain powers on the auditors of the company as well it casts certain duties on them. The auditor shall report the matter to the Central Government as under:- the auditor shall report the matter to the Board or the Audit Committee, as the case may be, immediately but not later than two days of his knowledge of the fraud, seeking their reply or observations within forty-five days. on receipt of such reply or observations, the auditor shall forward his report and the reply or observations of the Board or the Audit Committee along with his comments to the Central Government within fifteen days from the date of receipt of such reply or observations. In case the auditor fails to get any reply or observations from the Board or the Audit Committee within the stipulated period of forty-five days, he shall forward his report to the Central Government along with a note containing the details of his report that was earlier forwarded to the Board or the Audit Committee for which he has not received any reply or observations. the report shall be sent to the Secretary, Ministry of Corporate Affairs in a sealed cover by Registered Post with Acknowledgement Due or by Speed Post followed by an e-mail in confirmation of the same.
Topics: Company Law
Related Questions in this Topic
- Differentiate between Punishment for False Statement and Punishment for False Evidence under the Companies Act, 2013.
- State the punishment prescribed under Companies Act, 2013 for the following: (iv) Improper use of words "Limited" or "Pr...
- State the punishment prescribed under Companies Act, 2013 for the following: (iii) Punishment for wrongful withholding o...
- State the punishment prescribed under Companies Act, 2013 for the following: (ii) Repeated default within 3 years
- State the punishment prescribed under Companies Act, 2013 for the following: (i) Punishment where no specific penalty is...