Appointment of Auditor
This query is : Resolved
04 February 2010
In one of the private limited company following situation arise:
One of the director possess 15% equity shares. Now his mother who is chartered accountant wants to accept the appointment as auditor of the Pvt. ltd. co.
Can she accept?
One of the director possess 15% equity shares. Now his mother who is chartered accountant wants to accept the appointment as auditor of the Pvt. ltd. co.
Can she accept?
Ankur Garg
(Expert)
04 February 2010
No she cannot accept the appointment as her position may adversely affect her independence as statutory auditor.
Being a relative of director she should not accept. ICAI is also of the same view.
Regards
Being a relative of director she should not accept. ICAI is also of the same view.
Regards
Jagruti (CS)
(Expert)
04 February 2010
Companies Act do not prohibit appointment of relative of Director. For the purpose you have to take special resolution for his appoint as it will attract Section 314 i.e. holding of office or place of profit if remuneration of auditor is 10000 per month or more.
And central govt approval if it is 20000 or more per month.
However it is advisable that relative should not be appointed as Independence is likely to be affected
And central govt approval if it is 20000 or more per month.
However it is advisable that relative should not be appointed as Independence is likely to be affected
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