Auditor not to render certain services
📚 Law Minded summary
An auditor cannot audit work they did themselves, so this section lists the services they may not provide to the company, its holding company or its subsidiary.
Barred are accounting and book-keeping, internal audit, design of financial information systems, actuarial services, investment advisory, investment banking, outsourced financial services and management services.
Anything else needs the approval of the Board or the audit committee.
An auditor appointed under this Act shall provide to the company only such other services as are approved by the Board of Directors or the audit committee, as the case may be, but which shall not include any of the following services (whether such services are rendered directly or indirectly to the company), or its holding company or subsidiary company, namely:—
(a) accounting and book keeping services; (b) internal audit; (c) design and implementation of any financial information system; (d) actuarial services;
(e) investment advisory services; (f) investment banking services; (g) rendering of outsourced financial services;
(h) management services; and (i) any other kind of services as may be prescribed: Provided that an auditor or audit firm who or which has been performing any non-audit services on or before the commencement of this Act shall comply with the provisions of this section before the closure of the first financial year after the date of such commencement. Explanation.—For the purposes of this sub -section, the term “directly or indirectly ” shall include rendering of services by the auditor,—
(i) in case of auditor being an individual, either himself or through his relative or any other person connected or associated with such individual or through any other entity, whatsoever, in which such individual has significant influence or control, or whose name or trade mark or brand is used by such individual;
(ii) in case of auditor being a firm, either itself or through any of its partners or through its parent, subsidiary or associate entity or through any other entity, whatsoever, in which the firm or any partner of the firm has significant influence or control, or whose name or trade mark or brand is used by the firm or any of its partners.