RBI Unveils Clarifications on Appointment Guidelines for SCAs/SAs in Banks and NBFCs



Quick Summary
The Reserve Bank of India (RBI) has issued a clarification regarding its 2021 guidelines on the appointment of Statutory Central Auditors (SCAs) and Statutory Auditors (SAs) for banks and Non-Banking Financial Companies (NBFCs). Specifically, the RBI has confirmed that concurrent audit assignments are included within the scope of point 6.4 of these guidelines, which addresses the independence of auditors. This clarification aims to address queries received from Chartered Accountants and their firms.

Professional Development Committee
The Institute of Chartered Accountants of India
28th December, 2023

Announcement

Clarification regarding Guidelines issued by RBI for Appointment of SCAs/SAs of Commercial Banks (Excluding RRBs), UCBs and NBFCs (including HFCs)

RBI Clarifies Auditor Independence Rules for Banks and NBFCs

As members are aware, the RBI has issued a Circular dated April 27, 2021, in respect of "Guidelines for the Appointment of SCAs and SAs of Commercial Banks (Excluding RRBs), UCBs, and NBFCs (including HFCs)". We have received a communication from RBI wherein it is informed that the RBI and the banks have been receiving queries from the Chartered Accountants/Chartered Accountants firms seeking clarification as to whether concurrent audit assignments would also fall under the framework of point no. 6.4 while assessing and establishing the independence of auditors.

Point no 6.4 states as follows:

6.4 The time gap between any non-audit works (services mentioned at Section 144 of Companies Act, 2013, Internal assignments, special assignments, etc.) by the SCAs/SAs for the Entities or any audit/non-audit works for its group entities should be at least one year, before or after its appointment as SCAs/SAs. However, during the tenure as SCA/SA, an audit firm may provide such services to the concerned Entities which may not normally result in a conflict of interest, and Entities may take their own decision in this regard, in consultation with the Board/ACB/LMC."

RBI has clarified that the Concurrent audit assignments would also fall under the framework of above-mentioned Para 6.4 of Circular dated April 27, 2021.

Members are requested to kindly note the same and ensure compliance of the same.

Professional Development Committee

FAQ :

The RBI is clarifying that concurrent audit assignments are considered under its guidelines for the appointment of Statutory Central Auditors (SCAs) and Statutory Auditors (SAs) for banks and NBFCs.

The guidelines apply to Commercial Banks (excluding RRBs), Urban Cooperative Banks (UCBs), and Non-Banking Financial Companies (NBFCs), including Housing Finance Companies (HFCs).

The clarification pertains to point no. 6.4 of the RBI's April 27, 2021 circular, which deals with the time gap required between non-audit works and the appointment as an SCA/SA.

Point 6.4 states that there should be at least a one-year gap between any non-audit works (like those under Section 144 of the Companies Act, internal assignments, or special assignments) for an entity or its group entities, and the appointment as an SCA/SA.

Yes, during their tenure as an SCA/SA, an audit firm may provide services that do not typically create a conflict of interest, with the decision made by the entity in consultation with its Board/Audit Committee.




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