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    Question

    Which of the following is NOT a ground for

    disqualification of a person for appointment as an auditor under Section 141(3) of the Companies Act, 2013?
    A An officer or employee of the company. Correct Answer Incorrect Answer
    B A person who has a direct or indirect business relationship with the company's subsidiary. Correct Answer Incorrect Answer
    C A person who is a relative of a director or Key Managerial Personnel (KMP) of the company. Correct Answer Incorrect Answer
    D A person who is a partner in a firm holding appointment as auditor for 18 companies. Correct Answer Incorrect Answer
    E A person convicted by a court for an offence involving fraud. Correct Answer Incorrect Answer

    Solution

    The ceiling limit under Section 141(3)(g) is 20 companies. Holding 18 audits is within legal limits.   As per 141(3), none of the following persons shall be eligible for appointment as an auditor of a company, namely:— (a)  a body corporate ; (b)  an  officer or employee of the company; (c)  a person who is a partner, or who is in the employment, of an officer or employee of the company; (d)  a person who, or his relative or partner— (i)  is holding any security of the company or its subsidiary , or of its holding or associate company or a subsidiary of such holding company , of value in terms of such percentage as may be prescribed; (ii)  is indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, in excess of such amount as may be prescribed; or (iii)  has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, for such amount as may be prescribed; (e)  a person or a firm who has business relationship with the company, or its subsidiary, or its holding or associate company or subsidiary of such holding company or associate company of such nature as may be prescribed; (f)  a person whose relative is in the employment of the company as a  director or key managerial personnel ; (g) a person who is in full time employment elsewhere or a person or a partner of a firm holding appointment as its auditor, if such persons or partner is at the date of such appointment or reappointment holding appointment as auditor of more than twenty companies other than one person companies, dormant companies, small companies and private companies having paid-up share capital less than one hundred crore rupees (h) a person who has been convicted by a court of an offence involving fraud and a period of ten years has not elapsed from the date of such conviction; (i) a person who, directly or indirectly, renders any service referred to in section 144 to the company or its holding company or its subsidiary company.

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