Mr. Rock and Amaan are partners in a Chartered Accountant's firm. Their firm has been appointed as the statutory auditor of a company. The accounts…
CA Intermediate · Corporate and Other Laws · MTP · September 2025
Mr. Rock and Amaan are partners in a Chartered Accountant's firm. Their firm has been appointed as the statutory auditor of a company. The accounts manager of the company obtained the signatures from the Directors, CFO, and CEO on the board reports, financial statements and other documents and submitted them to the statutory auditor for the audit. The audit was conducted by a team led by Mr. Rock, while Mr. Amaan signed the auditor's report on behalf of the firm Referring the provisions contained in the Companies Act, 2013, answer each of the following: (i) Has the Board complied with the relevant provisions? (ii) Can Mr. Amaan sign the audit report in this case?
Suggested Answer and Working Notes:
(i) As per section 134 (1) of the Companies Act, 2013, the financial statement, including consolidated financial statement, if any, shall be approved by the Board of Directors before they are signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, for submission to the auditor for his report thereon. The pre-requisite conditions under section 134 (1) of the Companies Act, 2013, is that the financial statements shall be approved by the Board of Directors before they are signed on behalf of the Board for submission to the auditor for his report thereon. In this case, there is no approval obtained in a board meeting, and merely signing the financial statements is held to be invalid under the provisions of the Companies Act, 2013. (ii) Section 141 of the Companies Act, 2013 outlines the eligibility, qualifications and disqualifications of auditors. It specifies that only a Chartered Accountants in practice can be appointed as an auditor of a company. When a firm is appointed as the auditor, it is the authorised partners who are also Chartered Accountants who can sign on behalf of the firm. So, Mr. Amaan, a CA and a partner in the firm, can sign the audit report.
Topics: Audit and Auditors
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