Tax Associate
297 Points
Joined February 2011
The Companies Act says that the person who is indebted to the company for sum of Rupees 1000 or more or given any guarantee to the third party in respect of indebtness to the company in which he is proposed to be appointed as auditor will be disqualified. And once again according to the CA Act, 1949 if the person accepts a position of auditor of a company in which he or his relatives whether singly or together holds substantial interest (25% or more shareholding or voting rights) he is guilty of prof. misconduct & he has to vacate his office as auditor.
But the Act doesnt specify that if the person is being a creditor of the company is disqualified for appointment. He can accept position as an auditor. Even the debenture holder ( if not having substantial interest ) can eligible for appointment.