CA Final Student
699 Points
Joined February 2012
I think its all abt the Interpretation of Law. Like we have a concept of 'Literal Interpretation' and the other one 'Purposive Interpretation'..
Now here 'Interest' is used in context with shareholding or not ?
If it is used in context of Shareholding then Mr A can be appointed as Auditor of Holding co.(as he doesn't hold any shares) whereas as per Logical Interpretation Of law Mr. A can't be appointed as auditor of Holding Co.
I think We should go with Logical Interpretation unless we take "interest in context of Directorship", If we take "Interest in context of Directorship" then as per Literal Interpretation only Mr A can't be appointed as Auditor of Holding Co., in such case there is no need to go to Purposive Interpretation.
In short, Mr A can't be appointed as Auditor of Holding Co.