Companies (Audit and Auditors) Amendment Rules, 2015 - Chartered Accountant, Cost Auditor or Secretarial Auditor has to report the fraud in the company in the prescribed manner. - F. No. 1/33/2013-CL-V - Companies Law
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Reporting of frauds by auditor: auditors must notify Board/Audit Committee promptly and escalate significant frauds to the Central Government. Statutory auditors, and likewise cost and secretarial auditors, must report suspected significant frauds to the Board or Audit Committee within two days, obtain observations within forty five days, and forward their report plus the Board's/Audit Committee's reply and the auditor's comments to the Central Government within fifteen days; absent a reply, the auditor forwards the report with a note. Reports must be sent to the Secretary, Ministry of Corporate Affairs in a sealed posted cover followed by email, on auditor letterhead, signed, sealed, showing contact details and membership number, and in Form ADT 4. Lesser frauds must be reported to the Board or Audit Committee and disclosed in the Board's Report with specified particulars.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Reporting of frauds by auditor: auditors must notify Board/Audit Committee promptly and escalate significant frauds to the Central Government.
Statutory auditors, and likewise cost and secretarial auditors, must report suspected significant frauds to the Board or Audit Committee within two days, obtain observations within forty five days, and forward their report plus the Board's/Audit Committee's reply and the auditor's comments to the Central Government within fifteen days; absent a reply, the auditor forwards the report with a note. Reports must be sent to the Secretary, Ministry of Corporate Affairs in a sealed posted cover followed by email, on auditor letterhead, signed, sealed, showing contact details and membership number, and in Form ADT 4. Lesser frauds must be reported to the Board or Audit Committee and disclosed in the Board's Report with specified particulars.
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