Duties and Liabilities of an Auditor PRESENTED BY:
Shimila M & Nidha N V
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Are you ready? Rights and powers of an auditor 1.Right to access books of accounts and vouchers
2. Right to visit branches
3. Right to obtain information
and explanation 4. Right to correct wrong statement
5. Right to comment on the inadequacy
of the accounting system
6. Right to receive notice and attend
general meetings 7. Right to have legal and technical advice
8. Right to be indemnified
9. Right to receive remuneration as
the first auditor
10. Right to sign the audit report
Auditor’s Lien
An auditor has no lien on the books of accounts audited
by him. He has no right to keep the books under his custody .He has lien only on the audit working papers prepared by him. Duties of an Auditor
duties arising out of
1 statutory duties 3 professsional etiquette
duties arising out duties imposed by legal
2 4 of common law or court decisions A. Statutory duties 1.Duty to make enquiries. This section focuses the areas where the auditor is Required to enquire into the following matters ➢Loans and advances made by the company on the basis of security. ➢Whether loans and advances made by the company have been shown as deposit. ➢Whether the shares , debentures and other securities of the company are sold at a price less than their purchase price. ➢Whether personal expenses have been charged to revenue account 2. Duty to report on accounts audited by him The principal duty of an auditor as defined in section 227 of the companies act it is to make report to the members of the company on the accounts audited by him and on every balance sheet profit and loss account or any document annexed to the balance sheet Audit report should contain the following a )weather in his opinion the profit and loss account exhibit a true and fair view of the profit and loss of the company. b).weather in his opinion the balance sheet is properly drawn up so as to exhibit a true and fair view of the state of affairs of the company . c). whether he has obtained all the information and explanations which to the best of his knowledge and belief were necessary for the purpose of his audit. d). Weather, in his opinion, proper books of accounts as required by law, have been kept by the company ,so far as from his examination of the books and proper return advocate for the purpose of his audit have been received from branches not visited by him e). whether the company's balance sheet and profit and loss account dealt with by the report are in agreement with the books of accounts and return. f). whether the balance sheet and profit and loss account have been drawn up according to the requirement of the companies act. 3.Duty according to the direction of the central government Under section 227 (4A), the central government may by general or special order direct the companies to give specific reports on certain matters of the companies . when Central Government issue any such direction the auditor is required to comply with them.
4. Duty to report for prospectus
under section 56 subsection 1, the prospectus issued by an existing company shall contain a report from the auditor of the company regarding the profit and loss and asset and liabilities of the company and its subsidiaries and rate of dividend paid by the company for each of the five financial year preceding the issue of prospectus 5.Duty to certify declaration of solvency. in the case of members voluntary winding up a declaration of solvency is made by its director under section 488 subsection 1 and the auditor is required to certify the directors declaration about the solvency of the company under section 488
6. Duty to assist inspectors.
It is the duty of the auditor to help the inspectors to his best while they are investigating into the affairs of the company
7. Duty to assist public prosecutor.
the auditor of the company shall be required to give to the central government all reasonable assistance in connection with the prosecution of of directors , managing agent or other officers of the company B. Duties arising out of common law
This duty arises out of contract between the
auditor and the client under common law. Important contractual duties are:- 1.To ascertain unutilized capacities of the industry. 2.To ascertain the position of current asset. 3.To ascertain the extent of over stocking stores etc. C. Duties arising out of professional etiquette.
The main duties arising out of professional etiquette
are:- 1.Every auditor should carry on his duties with due regard to public interest and not his personal interest 2.He must be honest competent and independent. 3.He should disclose all material facts and information about the working and financial position of the company to shareholders. 4.The auditor should strictly adhere to the rules and regulations formulated by the institute of chartered accountants of India D.Duties imposed by legal or court decisions.
1.It is the duty of an auditor to check the stock properly.
2.He should perform his duties with proper care and skill. 3.He should examine properly the terms of debentures trust deed. 4.He should physically count cash in hand on the last date of the financial year. 5.He is a watchdog but not a bloodhound ; not to adopt an attitude of suspicion towards the client staff. 6. An auditor should correspond in writing with the retiring auditor before accepting the appointment as an auditor in place of him. 7. A non member of the institute of the chartered accountants of India and non holder of a certificate of practice from the council of institute cannot practice as an auditor. Special audit of company Under section 233 A the central government issue order to appoint a chartered accountant or company auditor to conduct special audit in the following circumstances. 1.The affairs of any company are not being managed in accordance with sound business principles. 2.Any company is being managed in a manner likely to cause serious injury or damage to the interest of the trade industry or business to which it relates. 3.The financial position of any company is such as to endanger its solvency. The power and duties of such auditor are same as the company auditors. The special auditor has to submit report to the central government. The remuneration is also fixed by the central government and is paid by the company. Thank you! Have a great day ahead.