What will be the Consequences if an Partner of Auditor's firm sign a Bal Sht of a Listed Company
(i) Unknowing the fact that one of the other partners helds share of that company.
(ii) Knowing the fact that one of the other partners helds share of that company.
Kindly clarify with relevant case laws if any.
it amounts to prof. misconduct in both the cases
Innocence of such fact cannot be considered as valid reason....
So, in both the cases it will be considered as MISCONDUCT only
Agree wid Learned members... it is misconduct n cannot be excused..
Hi,
Your problem is governed by section 226(3))(e).
By virtue of section 226(5) this is the case of deemed vacation of office. So at the time of signing of balance sheet CA firm was actually not the statutory auditor of the company. This may be considered as a defence against the professional misconduct. No knowledge of the act / holding of other partner may also be considered as a defence against the professional misconduct.
Regards
but ankur garg, it is against general tendency......... can it be true that you don't know that you or your firm or your partner is disqualified from audit........ it is looking that it is not professional misconduct........... but the reason should not be that partner didn't know about that............. May be you true......... but please justify your answer...........
No justification is required from my side. Plz try and interpret the words "This may be considered as a defence".
it would amount to professional misconduct
CAclubindia
