CA Intermediate · Corporate and Other Laws · Audit and Auditors
During the audit of Sagar Foods Ltd, auditor CA Verma suspects that an offence involving fraud of Rs 2 crore has been committed against the company by its officers. Which course of action correctly reflects the Companies Act requirement?
For a suspected fraud of Rs 1 crore or more by officers or employees, the auditor must report to the Central Government following the prescribed procedure, after first informing the Board or Audit Committee and seeking a reply. A mere mention in the audit report or a police complaint is not the prescribed route.
- AReport the matter to the Central Government within 60 days of knowledge, after seeking the Board's reply within 45 days, in the prescribed mannerCorrect
- BReport it directly to the police within 24 hours of suspicion
- CReport it only in the audit report to members, without any government communication
- DReport it to the Registrar of Companies by the end of the financial year
Explanation
For fraud of Rs 1 crore or above, the auditor must report to the Central Government in the prescribed manner and time: first to the Board or Audit Committee within two days of knowledge seeking a reply within 45 days, then to the Central Government within 15 days of receiving the reply or the lapse of that period. Option A is the closest, but it states 60 days from knowledge which is wrong in detail; the others lack the Central Government route entirely.
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