Whether an ex employee can sign bs as statutory auditor
This query is : Resolved
CA Pramod Jain
(Querist)
16 March 2013
If a employee who has resigned w.e.f 28feb 2013 from company, got cop w.e.f.10.03.2013 can sign the balance sheet of same company as statutory auditor for fy 2012-13.
CA Ayush Agarwal
(Expert)
16 March 2013
No, Practically Not Possible.
What About Form 23B Already Filed ?
What About Form 23B Already Filed ?
CA Pramod Jain
(Querist)
16 March 2013
Auditor is resigning, who has filled 23B.
Now tell any issue?
Now tell any issue?
CA Ayush Agarwal
(Expert)
16 March 2013
Sir,
The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act: Provided that where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company In general meeting.
Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
Others Views are Solicited.
The Board may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act: Provided that where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the company In general meeting.
Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting.
Others Views are Solicited.
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Ajay Mishra
(Expert)
16 March 2013
Hi
Section 226(3) states that none of the following persons shall be qualified for appointment as auditor of a company:—
(a) a body corporate;
(b) an officer or employee of the company;
(c) a person who is a partner, or who is in the employment, of an officer or employee of the company;
(d) a person who is indebted to the company for an amount exceeding one thousand rupees, or who has given any guarantee or provided any security in connection with the indebtedness of any third person to the company for an amount exceeding one thousand rupees;
(e) a person holding any security of that company after a period of one year from the date of commencement of the Companies (Amendment) Act, 2000 i.e. 13th December, 2000;
(f) For the purposes of section 226, "security" means an instrument, which carries voting rights;
(g) a person if he is, by virtue of section 226(3), disqualified for appointment as auditor of any other body corporate which is that company's subsidiary or holding company or subsidiary of that company's holding company. [Section 226(4)]
As per section 226(3) your employee who has resigned during the financial year can not be appointed for the same financial year.
Statutory auditor should be an Independent person to give true and fair audit report.
Section 226(3) states that none of the following persons shall be qualified for appointment as auditor of a company:—
(a) a body corporate;
(b) an officer or employee of the company;
(c) a person who is a partner, or who is in the employment, of an officer or employee of the company;
(d) a person who is indebted to the company for an amount exceeding one thousand rupees, or who has given any guarantee or provided any security in connection with the indebtedness of any third person to the company for an amount exceeding one thousand rupees;
(e) a person holding any security of that company after a period of one year from the date of commencement of the Companies (Amendment) Act, 2000 i.e. 13th December, 2000;
(f) For the purposes of section 226, "security" means an instrument, which carries voting rights;
(g) a person if he is, by virtue of section 226(3), disqualified for appointment as auditor of any other body corporate which is that company's subsidiary or holding company or subsidiary of that company's holding company. [Section 226(4)]
As per section 226(3) your employee who has resigned during the financial year can not be appointed for the same financial year.
Statutory auditor should be an Independent person to give true and fair audit report.
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CA Ayush Agarwal
(Expert)
18 March 2013
Thanks Ajay Ji for the info.
Ajay Mishra
(Expert)
18 March 2013
My pleasure dear Ayush......
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