Section 144 of the Companies Act, 2013

Section 144 of the Companies Act, 2013 specifies the prohibited non-audit services that an auditor of a company cannot provide, to maintain the independence and objectivity of the audit process.

๐Ÿ“˜ Section 144 โ€“ Auditor Not to Render Certain Services

This section restricts the statutory auditor (whether individual or firm) from directly or indirectly providing certain non-audit services to:

The company,

Its holding company, or

Its subsidiary company.

โŒ Prohibited Services under Section 144:

An auditor shall not render the following services:

Accounting and book keeping services;

Internal audit;

Design and implementation of any financial information system;

Actuarial services;

Investment advisory services;

Investment banking services;

Rendering of outsourced financial services;

Management services;

Any other kind of services as may be prescribed.

๐Ÿ”’ These restrictions aim to prevent conflict of interest and ensure audit independence.

โš ๏ธ "Directly or indirectly" includes:

Through the auditor's relatives or business partners,

Through another firm with common partners,

Or any entity in which the auditor has significant influence.

โœ… Board Approval:

A company may engage the auditor for services other than those listed above, only with the approval of the Board of Directors or the Audit Committee (where applicable).

๐Ÿงพ Example:

If ABC & Co. is the statutory auditor of XYZ Ltd., it cannot also be hired by XYZ Ltd. to design its financial software system or provide investment advisory services.

 

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