Relevant Provisions
• Section 134(1) of the Companies Act, 2013;
• Section 145 of the Companies Act, 2013;
• Section 141(2) of the Companies Act, 2013.
Who can sign the Auditor's Report?
In case the Auditor of the company is an individual chartered accountant, he will sign the auditor's report.
In case the Auditor is a firm including an LLP, only the partners who are chartered accountants, who are duly authorised by the firm/LLP, will sign on behalf of the firm/LLP.
Date of signing of Auditor's Report & Financial Statements
Generally, in the case of most of the companies, the date of signing of the annual financial statements and the auditor's report is one and the same, which is generally the day on which the board meeting was held for considering the annual report including the financial statements and auditor reports and where the AGM date gets decided. But it could be different depending from case to case.
Steps:
The annual financial statements are approved by the board of directors and the same is signed by the directors/officials duly authorised for it.
These statements are handed over to the auditors for their report thereon.
The auditors, based on those statements, prepare and finalise the auditor's report.
The auditors sign the auditor's report and also sign copies of all the financial statements.
The auditors provide these documents to the board of directors of the company.
The board of directors peruse the contents of the auditor's report.
If the auditor's report contains any qualifications, observations or comments on financial transactions or matters which have any adverse effect on the functioning of the company, the Board has to give an explanation on the same which will form a part of the Board's Report.
Sir, in many cases, small private companies do not file their annual accounts and annual returns in time and the same are filed even after three years' delay. However, in the Annual Accounts and Returns it is shown that the Directors have prepared their report in time (i.e. on or before 30th sept of particular year) and the auditors also sign the same in back date and the same are placed before the members at AGM held in time, though it is not the case in reality. Is it legal? Can the AGM be said to have been held in/on time in such cases?
ReplyDeleteThis is not correct. but companies in order to avoid heavy penalty for belated AGM do this..
DeleteIn my opinion, if it is establised, it will be considered that the accounts are forged.
ReplyDelete