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Can Company be partner of CA Firm

2201 views 3 replies

The Companies Act 2009 presented in Parliament contains a noticable amendment regarding qualification of Statutory auditors.

As per Companies Act 1956  " A firm can be appointed as auditors of a company if all its partners are practising Chartered Accountants"

As per Companies Bill 2009 Clause 124 " Where a firm is appointed as an auditor of a company, only the partners who are Chartered Accountants in practice shall be authorised by the firm to act and sign on behalf of the firm. "

This obviously implies that once the bill is passed non CAs can be partners in firms conducting statutory audits.

Also as per LLP Act  " A company can be a partner in a LLP"

 

My question is that once the new Companies Act is passed can a company be a partner in a firm conducting statutory audits.

I will be oblidged & thankful to those who take the time to reply

Replies (3)

The basic idea behind not allowing a company to be partner in a firm is that in a company, the liabilty of the members is limited. Hence, a company cannot practice as Auditor, whereas the liability of partners in a partnership firm (Not LLP) is unlimited. Hence, a partnership firm can be appointed in Firm's Name.

Hence, though a company can be a partner in a LLP, An LLP cannot essentially be appointed as an auditor in the firm's name. Thus, LLP & Company both cannot be appointed and hence, cannot be partners in a CA partnership firm for the purpose of Audit.

Originally posted by : s

Hence, though a company can be a partner in a LLP, An LLP cannot essentially be appointed as an auditor in the firm's name. Thus, LLP & Company both cannot be appointed and hence, cannot be partners in a CA partnership firm for the purpose of Audit.

The basic idea behind passing LLP Act & proposing the companies bill 2009 was to enable LLPs to carry audit and enable various professionals (CA, CS, CWA, LLB) to set up firms together so i dont understand your premise that LLP cant be appointed as auditor (after Companies bill 2009 is passed)

Could u state the relevant provisions on which u r basing your opinion 

My contention is that the Act requires only a firm of Chartered Accountants wherein all partners practising in India or a CHartered Accountant practising in India [u/s 226(1)] can only to be appointed as the Stat. Auditors.

If a company is a partner of an Audit Firm, how will it justify that all the members are practising as the Law forbids a Body Corporate from being an Auditor u/s 226(3)


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