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CMA Intermediate · Corporate Accounting and Auditing · Secretarial Audit

Under section 204, if a company secretary in practice contravenes the provisions of that section, what is the consequence for the secretarial auditor who is in default?

The company secretary in practice who is in default is liable to a penalty of two lakh rupees. Section 204(4) applies this penalty to the company, every officer in default and the secretarial auditor alike, so the auditor is not exempt from liability.

  1. ADisqualification from practice for five years
  2. BLiability to a penalty of two lakh rupeesCorrect
  3. CImprisonment for up to one year
  4. DNo consequence, as only the company and its officers are liable

Explanation

Section 204(4) provides that the company, every officer in default, or the company secretary in practice who contravenes the section is liable to a penalty of two lakh rupees. The auditor is expressly covered, so the option excluding the auditor is wrong.

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