What are the disqualifications as per the Companies Act, 2013 for appointment of auditor ?

CS Executive · Company Accounts & Auditing Practices · PYQS · June 2017
What are the disqualifications as per the Companies Act, 2013 for appointment of auditor ?

Answer & Explanation:

According to the section 141 (3) of the Companies Act 2013, the following persons shall not be eligible for appointment as an auditor of a company:- a body corporate other than a limited liability partnership registered under the Limited Liability Partnership Act, 2008; an officer or employee of the company; a person who is a partner, or who is in the employment, of an officer or employee of the company; a person who, or his relative or partner— is holding any security of or interest in the company or its subsidiary, or of its holding or associate company or a subsidiary of such holding company: Provided that the relative may hold security or interest in the company of face value not exceeding rupees one lakh; is indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company in excess of rupees five lakh or has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company in excess of one lakh rupees. a person or a firm who, whether directly or indirectly, has business relationship with the company, or its subsidiary, or its holding or associate company or subsidiary of such holding company or associate company. The term "business relationship" shall be construed as any transaction entered into for a commercial purpose, except - commercial transactions which are in the nature of professional services permitted to be rendered by an auditor or audit firm under the Act and the Chartered Accountants Act, 1949 and the rules or the regulations made under those Acts; commercial transactions which are in the ordinary course of business of the company at arm's length price like sale of products or services to the auditor, as customer, in the ordinary course of business, by companies engaged in the business of telecommunications, airlines, hospitals, hotels and such other similar businesses. a person whose relative is a director or is in the employment of the company as a director or key managerial personnel; a person who is in full time employment elsewhere or a person or a partner of a firm holding appointment as its auditor, if such persons or partner is at the date of such appointment or reappointment holding appointment as auditor of more than twenty companies; a person who has been convicted by a court of an offence involving fraud and a period of ten years has not elapsed from the date of such conviction; any person whose subsidiary or associate company or any other form of entity, is engaged as on the date of appointment in consulting and specialised services as provided in section 144.

Topics: Auditors

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