You are practicing Company Secretary and appointed as Secretarial Auditor of Prestige Industries Limited. During the course of audit, it is found that the Company has violated provisions of Companies Act, 2013 in relatio
CS Professional · Advanced Company Law and Practice · PYQS · June 2018
You are practicing Company Secretary and appointed as Secretarial Auditor of Prestige Industries Limited. During the course of audit, it is found that the Company has violated provisions of Companies Act, 2013 in relation to several matters. You have to issue a qualified Report or adverse remarks or even you may be unable to express an opinion. State the manner of reporting of such issues in the Secretarial Audit Report. Also state whether financial laws needs to be examined while conducting secretarial audit ?
Answer & Explanation:
A qualification, reservation or adverse remarks, if any, should be stated by the Secretarial Auditor at the relevant places in his report in bold type or in italics. If the Secretarial Auditor is unable to express an opinion on any matter, he should mention that he is unable to express an opinion on any particular matter and the reasons therefore. If the scope of work required to be performed is restricted on account of restrictions imposed by the company or on account of circumstantial limitations (like certain books or papers being in the custody of another person who is not available or a statutory authority etc.), the Report should indicate such limitations. If such limitations are so material that the Secretarial Auditor is unable to express any opinion, the Secretarial Auditor should state that in the absence of necessary information and records, he is unable to report on compliance(s) relating to such areas by the company. Further, the Board of Directors, in its report, shall explain in full any qualification or observation or adverse remarks or disclaimer made by the Secretarial Auditor in his Audit Report. In case of financial laws like tax laws and Customs Act etc., Secretarial Auditor may rely on the Reports given by Statutory Auditors or other designated professionals.
Topics: Audit and Auditors
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