Change In Auditor in surat

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    Change in Auditor

    What is a Change in Auditor of a Company?

    An auditor appointed in a company is an independent external professional who is authorized to review and verify the company’s financial position and who is require to certify the company’s financial statements. An auditor is someone who is responsible for evaluating the validity and reliability of a company or organization’s financial statements. The auditors perform the most crucial task of the company. Thus, selection and appointment of auditor is an important task for board of directors. 

    Who is Responsible for an Auditor’s Appointment and Removal?

    The appointment and removal of an auditor involve various stakeholders, including the board of directors, shareholders, and regulatory authorities. The process depends on whether it is the first-time appointment or a subsequent change. 

    Appointment by the Board of Directors

    The first auditor must be appointed within one month of company registration. 

    Appointment at a General Meeting

    If the board fails to appoint the first auditor, shareholders can appoint one at a general meeting. 

    Appointment of Subsequent Auditors

    At each annual general meeting (AGM), shareholders appoint an auditor who serves until the next AGM. The appointment must be communicated to the auditor within seven days, and they must confirm acceptance with the Registrar of Companies (ROC) within 30 days by filing Form ADT-1. 

    *Resignation or Removal of an Auditor

    An auditor who resigns must file Form ADT-3 within 30 days, stating the reasons for resignation. 

    How is an Auditor Selected?

    To be eligible for appointment as a company auditor, a person or firm must: 

    • Be a Chartered Accountant holding a valid Certificate of Practice.
    • If a firm is appointed, the majority of partners must be practicing in India.
    • A Limited Liability Partnership (LLP) with qualified Chartered Accountants can also act as an auditor.

    Who Cannot Be Appointed as an Auditor?

    Certain individuals and entities are disqualified from being appointed as auditors under Section 141(3) of the Companies Act, 2013: 

    Corporate Bodies (except LLPs)

    Officers or Employees of the Company

    Partners or Employees of Company Officers

    Individuals with Financial Interests in the Company, including:

    Holding securities worth more than ₹1 lakh

    Owing more than ₹5 lakh to the company

    Providing guarantees exceeding ₹1 lakh for third-party debts of the company

    Individuals with Business Relationships with the company, except professional services at arm’s length

    Relatives of Directors or Key Managerial Personnel

    Persons with Multiple Appointments, exceeding 20 companies

    Individuals Convicted of Fraud (within the last 10 years)

    Consulting Entities Providing Specialized Services under Section 144 of the Companies Act, 2013

    If an auditor incurs any of these disqualifications after being appointed, they must vacate the position, creating a casual vacancy. 

    When Should an Auditor Report Fraud?

    Auditors must remain vigilant for any fraudulent activities within the company. If they suspect fraud, they must report it to the Central Government as per the guidelines outlined in the Companies Act. Timely fraud detection helps maintain corporate transparency and legal compliance.

    Duties and Responsibilities of an Auditor

    Preparing an Audit Report

    Auditors examine the company’s financial statements and ensure compliance with the Companies Act, 2013, and applicable accounting standards. 

    Conducting Branch Audits

    If a company has multiple branches, a branch auditor prepares a separate report, which is later incorporated into the company’s main audit report.

    Reporting Fraud

    If discrepancies or fraudulent activities are found, auditors must report them immediately. 

    Maintaining Ethical Standards

    Auditors must follow the Code of Ethics and Professional Conduct, ensuring confidentiality and professional scepticism. 

    Get answers to all your queries

    Why would a company change its auditor?

    A company may change its auditor due to regulatory compliance, better service expectations, conflict of interest, or resignation of the existing auditor. 

    Can a company remove an auditor before the term ends?

    Yes, but the removal of an auditor before term completion requires approval from the central government and must be justified with valid reasons. 

    What forms are required for auditor appointment or removal?

    Form ADT-1: For appointment of an auditor. 

    Form ADT-3: For resignation of an auditor. 

    Can a non-Chartered Accountant become a company auditor?

    No, only a Chartered Accountant (CA) with a valid Certificate of Practice can be appointed as an auditor. 

    How often does a company need to appoint an auditor?

    Auditors are appointed at every Annual General Meeting (AGM) and serve until the next AGM, unless they resign or are removed earlier.