Certification by statutory auditors

[Santosh Bangar]

Dear Learned Members,

Can a statutory auditor affix his digital signature in ROC returns for F.Y 2014-15.

Best regards,

Santosh

[Preeti Jain]

on AOC-4 Only

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Regards,

Preeti Jain, B.Com, ACS
Jain Preeti & Co.,Company Secretaries
Mob: +91 9711498516, 9953072474

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[Peer Mehboob]

I think a Statutory Auditor of company cannot certify and affix his digital  signature on eforms of company. Although Sec.144 provides for non auditing services of aditor but not specifically mention about certification of e-forms.  I believe as certification of forms is a non auditing service and since financial statements of company are audited by Auditor, the certification of eforms should be done by independent professional.

[Santosh Bangar]

Hi Mr. Peer,

Thanks for the reply.

When the board approves for the certification of statutory auditors on ROC forms then also auditors can't certify?

Best regards,

Santosh

[Peer Mehboob]

I dont think so. Although It is no where mentioned in the Act, but In my view statutory auditor of the company should not certify ROC forms as this may cover under restrictive services under sec.144. 

Although it is not specifically mentioned in Sec.144 and as if something is not specifically mention in the Act, that can be done and MCA will not obstruct it while filing.

[Chandravijay Shah & Co.]

Statutory Auditor needs to be alert of Clause (h) of section 144 which prohibits rendering of “Managerial Services” to the Auditee Company. This is so especially because that Term is not defined in the Companies Act, 2013. All other Clauses refer to the restrictive Services but are, by and large, unambiguous and require hardly any interpretation.

 

One needs to take call while deciding whether a particular service can be called Managerial Service or not which will depend on the nature of that Service.