Auditor appointment

391 views 2 replies

If there is loan from one NBFC company to other NBFC company
Then Auditor provision which is prescribed in Companies (Audit and Auditors) rules, 2014
In point 5(c)
The NBFC is covered or not?
Please advice me on this matter

Explaination:

Sub section (2) of Section 139 provides as under:

No listed company or a company belonging to such class or classes of companies as may be prescribed, shall appoint or re-appoint-
(a) an individual as auditor for more than one term of five consecutive years; and
(b) an audit firm as auditor for more than two terms of five consecutive years:

For the purposes of sub-section (2) of section 139, the class of companies shall mean the 
following classes of companies excluding one person companies and small companies:- 
(a) all unlisted public companies having paid up share capital of rupees ten crore or more; 
(b) all private limited companies having paid up share capital of rupees twenty crore or more; 
(c) all companies having paid up share capital of below threshold limit mentioned in (a) and (b) above, but having 
public borrowings from financial institutions, banks or public deposits of rupees fifty crores or more. 
As per companies act, 2013 definitions 
“financial institution” includes a scheduled bank, and any other financial
institution defined or notified under the Reserve Bank of India Act, 1934;(2 of 1934)

please guide me?

Replies (2)

NBFC is a financial institution within the meaning of Sec.45-I(c) of RBI Act hence above provisions will apply.

 

Thanks Sir,

 

But sir please see “financial institution” includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934;(2 of 1934)

 

What is the meaning of (2 of 1934) 

Is this 2 refers to section 2 of Reserve Bank of India Act, 1934

I have seen section 2 but nowhere is defined Financial Institution in section 2 definitions 

I know financial Institution covered NBFC but in section 2 nowhere is defined

Please sir guide me

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