01 August 2024
Yes, it is mandatory for certain types of companies to have an internal audit, including those that meet specific conditions. Here’s a detailed breakdown:
### **1. Companies Requiring Internal Audit:**
**1. **Listed Companies:** - **Mandatory Requirement:** All listed companies are required to have an internal audit regardless of their paid-up capital or turnover. This requirement ensures proper internal controls and compliance with regulatory standards.
**2. **Unlisted Public Companies and Private Companies:** - **Paid-Up Capital and Turnover Criteria:** As per the Companies Act, 2013, internal audit is mandatory for: - **Public Companies:** - Paid-up capital of ₹50 lakh or more - Turnover of ₹5 crore or more - **Private Companies:** - Paid-up capital of ₹50 lakh or more - Turnover of ₹200 crore or more
### **2. Provisions Under the Companies Act, 2013:**
**1. **Section 138: Internal Audit:** - **Requirements:** Section 138 of the Companies Act, 2013, mandates an internal audit for companies meeting the specified criteria or any other company as prescribed by the rules. - **Internal Audit Standards:** The internal audit function must be conducted by an independent internal auditor or an external auditor as required by the company's management or the Board of Directors.
**2. **Rule 13 of the Companies (Accounts) Rules, 2014:** - **Criteria for Internal Audit:** - The internal audit function is to be established based on criteria set forth in the Act and Rules, such as paid-up capital and turnover.
### **3. Impact of Not Having an Internal Audit:**
**1. **Non-Compliance Penalties:** - **Legal Consequences:** Failure to comply with the internal audit requirement can result in penalties and legal consequences for the company and its officers. - **Regulatory Actions:** Regulatory authorities may take action against non-compliant companies, including fines or other penalties.
**2. **Operational Risks:** - **Increased Risk:** Not having an internal audit can lead to increased operational risks, financial mismanagement, and lack of compliance with statutory requirements.
**3. **Investor Confidence:** - **Impact on Stakeholders:** An effective internal audit function enhances investor confidence and ensures proper governance and accountability.
### **Summary:**
**It is mandatory for listed companies to have an internal audit regardless of their paid-up capital or turnover.** For unlisted public companies and private companies, internal audit is mandatory if they meet the criteria of paid-up capital or turnover specified in the Companies Act, 2013. Fulfilling these conditions is crucial for compliance, effective internal control, and minimizing operational risks.