Can llp one partner other than ca take the audit assignment


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Querist : Anonymous

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Querist : Anonymous (Querist)
12 August 2014 Dear Experts,
I want the expert advice of you on following;
One LLP is formed with three partners two of them are CA and third partner is other than CA
Now question is that, can LLP take audit (any audit) in its name i.e in the name of LLP.
Audit report will be signed by CA Partner.
Thanks n Regards

12 August 2014 even in such LLP only a practicing CA having a valid cop can only sign the audit report and other cant.

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Querist : Anonymous

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Querist : Anonymous (Querist)
12 August 2014 Thanks Mr. Sampat for such a prompt reply.
As I mentioned in question the report will be signed by a CA Partner but appointment letter can be taken in the name of LLP.

12 August 2014 yes that is allowed.......................

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Querist : Anonymous

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Querist : Anonymous (Querist)
12 August 2014 Thank you so much Mr. Sampat.
One Request
Is it possible for you to give reference of relevant section.

12 August 2014 under co act and also under ca act u check the def of auditor and audit firm

12 August 2014 got to disagree here. This Firm wont be eligible for taking audit assignments. For a firm (LLP) to be eligible for taking audit assignments, all the partners should be practicing Chartered Accountants. In your case the third partner is not a CA.


13 August 2014 pls provide any supportings to ur ans.

13 August 2014 see as per section 141 of the Companies Act 2013 you are correct as it states "Where a firm including a limited liability partnership is appointed as an auditor of a company, only the partners who are chartered accountants shall be authorised to act and sign on behalf of the firm."

But ICAI has not yet permitted multi-disciplinary CA firms nor has allowed practicing CAs to form LLPs with non-practicing CAs are partners. As of last update on 9 July 2014 itself ICAI has constituted a group to study formation of multi-disciplinary which is yet to submit its final report/recommendation.


13 August 2014 pls refer the following link and refer gen circular no 10/2011 by MCA

https://220.227.161.86/29207rtpfinalmay2013_3.pdf

13 August 2014 I know what circular you are referring to. This circular was issued on 4 April 2011 which gave LLPs equivalent treatment to that of partnership firms.

Post issuance of this circular only ICAI issued guidelines for formation of LLPs by Chartered Accountants. ICAI didn't amend its act and permits filing of Form 18 etc only by the Chartered Accountants (mandatory for formation of a LLP/Partnership firm under ICAI regulations)

Even now, sharing of profits with Non-CAs except for "prescribed professionals for services rendered outside India"


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