Query on section 146 and 147 of the companies act, 2013

1223 views 1 replies
As per Section 146, auditor shall attend the meeting either by himself or through his authorized representative, who shall also be qualified to be an auditor any general meeting. In other words, if the auditor is not able to attend, he can send only such persons who are chartered accountants having a valid certificate of practice ( person eligible to be appointed as auditor). In case, the authorized person is not a person who is eligible to be appointed as auditor, then the auditor contravenes Section 146. However, Section 147(2) dealing with penalty for contravention, mentions about Section 139, 143, 144 and 145 and do not talk about Section 146. However, Section 147(1) prescribes penalty for the company if it contravenes Section 146. Thus the company is liable for the default of the auditors. Why this anomoly In such a case, can the company prevent the authorized person from attending the meeting and inform the MCA ? In the absence of explicit provisions, what action can MCA take against the auditor ?
Replies (1)

There is no anomaly.  Sec.146 also requires company to send notice of meeting to auditors.  If the company fails in doing so, it will be liable to  be punished u/s 147.  Co. cannot be punished for  non-attendance of  auditors at the meeting.  Co. can  record request, if  any, for grant of  leave of absence  by the auditors.

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register