Professional Documents
Culture Documents
BY CA KHUSHBOO SANGHAVI
I SEBI (LODR)
New Circular No CIR | CFD | CMDI | 114 | 2019 dated 18|10|2019
A There are few disclosure & compliance responsibilities laid on Listed Company,
Audit committee & Auditor, so that investor can take informed decision and helps in
safeguarding interest of investors.
Reasons of
Resignation within
Max 24 hours
Listed Company Stock Exchange
(iii) Regulation 36(5) lays down certain disclosure to be made part of the notice for calling
an AGM, where statutory auditors are proposed to be appointed/ reappointed,
including their term.
1
CA Khushboo Sanghavi
(i) AC of a listed companies has to make recommendations for -
1. Appointment 2. Remuneration
3. Term of appointment of auditor
(ii) AC should review & monitor the independence is performance of auditors & effectiveness
of audit process
c) Responsibilities of Auditor:-
As resignation of auditor before completion of audit of the financial results for the year
May seriously hampers investors confidence & deny them access to reliable information for
taking timely investment decision; hence statutory auditor are required to issue limited
review/ audit report (as per SEBILODR) as under :-
2
CA Khushboo Sanghavi
(i) In case of non-availability of information, non-co-operation form management which
Hampers audit process; Auditor shall approach the chairman of Audit Committee (AC)
& A.C shall receive such concern without waiting for quarterly A.C meetings
(ii) In case auditor proposes to resign; all concerns along with relevant documents shall be
brought to notice of A.C. Audit must also inform reason of such resignation & if resignation
is due to non-availability of information then auditor must inform
Details of information
(iii) On receipt of above mentioned information, A.C./BOD shall deliberate on the matter &
Communicate its view to Management & auditor
Communicate
and
Its view
Auditor CA KS Management
A.C. / BOD
3
CA Khushboo Sanghavi
(b) In case of non-availability of information auditor shall express modified audit opinion
(Disclaimer of opinion)
(i) Format of information to be obtained from the statutory auditor is required to be disclosed
in Part A of Sch III under Regulation 30(2) of SEBI, LODR Regulation
Information Disclose
(ii) If auditor proposes to resigns, Listed Company & its Material subsidiaries shall continue to
Provide all information & explanation/documents to auditor for issuing Limited Review
(LR) / Audit Report (AR) as stated above
All Information
& explanation
Listed Entity LR / AR
Auditor CA KS
(iii) Listed Entity shall ensure the disclosure of Audit Committee’s view to stock exchange as
Soon as possible but not later than 24 hours from the date of receipt such AC meeting
Within 24 hours
4
CA Khushboo Sanghavi
Note :- Only sharing cost relating to development of audit methodologies, manuals
or training courses → would not itself create a network
5) Larger structure formulates common Q.C policies & procedures & are DIM across the
Structure ( DIM = Designed, Implemented & Monitored)
7) Larger structure possesses common brand, including initial or a common name & it can
be added on audit report when partner of the firm signs it
8) Even though a firm does not belong to a network and does not use a common brand
name as part of its firm name, it may give the appearance that it belongs to a network
if it makes reference in its stationery or promotional materials to being a member of
An association of firms. Accordingly, if care is not taken in how a firm describes such
Memberships, a perception may be created that the firm belongs to a network
* Larger structure means a structure aimed at co-operation and include entities in the
structure
6
CA Khushboo Sanghavi
C Forms of Network (IMP)
➔ Network can be constituted as a
➔ Network firm shall consist of sole proprietor, partnership or any such entity of
professional accounts as may be prescribes by ICAI
➔ A firm is allowed to join only 1 network
➔ Firms having common partners, shall join only 1 network
1. Networks may have distinct name which should be approved by ICAI. It shall not use
words such as “& co” / “& Associates”. It should possers word “Affiliates”
2. ICAI can withdraw the name any time if the name is subsequently found to be
Undesirable
3. ICAI shall approve or reject the name of network within 30 days from the date of receipt
of form (Form A)
4. Approval of name of network shall not entitle network to carry on practice in its own
Name.
E Registration of Network
1. Name so approved shall be kept reserved by ICAI for 3 months from date of approval
2. Therefore Network should get itself registered within 3 months, failing which the name
shall stand cancelled
3. Registration is Mandatory
4. If different Indian firms are networked with a common Multinational Accounting Firm,
7
CA Khushboo Sanghavi
they shall be considered as a part of network
2. PCA ( In form of proprietary, partnership firm, LLP or other entity) shall be permitted to
Join network outside India only if they are allowed by ICAI & firms, having common
partner shall join only one such network
G Change in Constitution
1. Network firms cannot directly or indirectly render services stated u/s 144 of Companies
Act, 2013
For the same or associate is doing statutory auditor For other firms in the network
3. Concept of rotation of auditor u/s 139 of Companies Act, 2013 shall apply to network
I Consent of Client
8
CA Khushboo Sanghavi