Sec. 141(3) of the companies act'2013

Stat Audit 880 views 6 replies

Mr. A, a Chartered Accountant is a Director in Subsidiary Co. Can Mr. A be appointed as the Auditor of its Holding Co.?

Please reply with reasons.

Thanks

Replies (6)
yes..he can be appointed as auditor of holding co. as he is neither officer nor employee of holding co.

Is it necessary for a director to hold shares either by himself or by relative or partner to have interest in the company?

As per the language of the Act, there is no such provision in Sec 141 to attract disqualification to the auditor if he is 'Director' of the Group co.

As per Section 141(3)(d): a person- who, or his relative, or his partner "is holding any securities by or interest in" the company, or its subsidiary company, or its holding company, or associate company, or a subsidiary of such holding company.

Now as he is a director in the subsidiary co. doesn't he hold interest in the co.?

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.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details