The documents prepared for Auditor’s Re- Appointment in pursuance of Section 139(1) & 141 of companies Act, 2013 read with rule 3 & 4 of Companies (Audit & Auditors) Rules, 2014.
The Auditors has issue certain certificate under Rule 4 of Companies (Audit & Auditors) Rules, 2014 in favour of board of company.
Board then has to file the confirmation and Form ADT-1 with R.O.C
Letter by Company to Auditors:
To Date: xx/xx/xxxx
XYZ & Co.
(Chartered Accountants)
Address
Dear Sir(s),
Subject: (Re-) appointment as Statutory Auditors of the Company.
With reference to the above subject, we wish to (re-)appoint your firm as the Statutory Auditors of the company
Please let us know that you are duly qualified and eligible for this appointment as per the provisions of section 139 and 141 of the Companies Act, 2013 and rules made there under and your written consent to act as Statutory Auditors of the Company from the conclusion of ensuing Annual General Meeting to the 8th Annual General Meeting.
You are also requested to issue a certificate to the company under Section 139(1) of the Companies Act, 2013 on the following matters:
1. The firm satisfies the criteria provided under Section 141 of the Companies Act, 2013;
2. The firm is eligible for appointment and is not disqualified for appointment under the Companies Act, 2013, the Chartered Accountants Act, 1949 and the rules or regulations made there under;
3. The proposed appointment is as per the term provided under the Companies Act, 2013;
4. The proposed appointment is within the limits laid down by or under the authority of the Companies Act, 2013;
5. Details of any order or pending proceeding relating to professional matters of conduct against the auditor before the Institute of Chartered Accountants of India or any competent authority or any Court and the list of proceedings against (you) or the firm or any partner of the audit firm pending with respect to professional matters of conduct, as disclosed in the certificate, is true and correct.
Yours truly;
For ABC Ltd
Name
(Managing Director)
Letter of Confirmation By Auditors:
To
Board of Directors
ABC Limited
Address
Subject: Re- Appointment as Statutory Auditors
Dear Sir(s)
With reference to your letter regarding above stated subject dated xx/xx/xx, we, M/s XYZ & Co. Chartered Accountants, hereby give our consent to be appointed as Auditor of your company u/s 139(1) of the Companies Act, 2013 for Financial Year 2014-15.
We hereby declare that the appointment, if made shall be in accordance with the conditions as prescribed under Companies Act 2013.
Detail of our Firm is as below:
1. Name of the Firm:
2. Constitution of the firm:
3. Firm Registration Number
4. Address of office of the Firm
5. PAN of the Firm
6. Membership number
7. Email id of the firm
We look forward the professional relationship with the company.
Thanking You,
Yours Faithfully
For XYZ & Co.
Chartered Accountants
Firm Reg No. xxxxxxx
(Chartered Accountant)
Partner
M. No. xxxxx
Certificate u/s 141 issued by Auditors:
To,
Board of Directors
ACB Private Limited
Address
Subject: Auditor Certificate u/s 139(1) of Companies Act, 2013
Dear Sir(s),
We, XYZ and Co. (Chartered Accountants), having Firm Registration Number xxxxxxx, do hereby confirm to act as statutory auditor of the company. For the purpose of pre conditions to appoint statutory auditor of the company as prescribed under section 139(1) of Companies Act, 2013, we hereby declares the eligibility of our firm as per the provisions laid down under section 141 of Companies Act 2013.
- That our firm is eligible for appointed as auditor of the company as per the Chartered Accountants Act,1949;
- That we are not a body corporate other than a limited liability partnership registered under the Limited Liability Partnership Act, 2008.
- That none of our partners are officers or employee in your company.
- That none of our partner directly or through his or her relative is
- holding any security of or interest in the your company or its subsidiary, or of its holding or associate company or a subsidiary of such holding company for more than one lakh rupees.
- indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company for more than five lakh rupees.
- given a guarantee or provided any security in connection with the indebtedness of any third person to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company for more than one lakh rupees.
- That none of our partners whether directly or indirectly, has business relationship with the company, or its subsidiary, or its holding or associate company or subsidiary of such holding company or associate company
- That none of our partners relative’s is director or is in the employment of the company as a director or key managerial personnel;
- That none of our partners is at the date of appointment or reappointment as statutory auditors holding appointment as auditor of more than twenty companies;
- That none of our partner has been convicted by a court of an offence involving fraud and a period of ten years has not elapsed from the date of such conviction;
- That none of our partners firm, subsidiary company, associate company or any other form of entity, is engaged with ABC Company as on the date of appointment in consulting and specialised services as provided in section 144.
We undertake that, if our firm or any of our partners incurs any disqualification provided under section 141(3) of Companies Act, 2013 during the term serving as statutory auditors, we shall vacate the office as statutory auditors of your company.
For XYZ & Co.
Chartered Accountants
Firm Reg No. xxxxxxx
(Chartered Accountant)
Place: Partner
Date: M. No. xxxxx
Other Certificates like list of pending proceedings for professional misconduct, if any against the auditors firm should be taken.
Write Up By:
CS Pranav Khanna
Company Secretary- Legal & Compliance
Hachette Book Publishing India (P) Ltd
Email: pranav.khanna @ hachetteindia.com
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