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Signing of B/s in case of Pvt Ltd Co

This query is : Resolved 

02 August 2010 can a auditor sign a balance sheet of a pvt ltd co. in which his brother's son and daughter in law is a director.

02 August 2010 section 314 prohibits appointment of a relative of director to an office of profit. The word ‘relative’ has been defined in section 6 as listed in Schedule I-A.

Meaning of “relative”
6. A person shall be deemed to be a relative of another if, and only if,-
(a) they are members of a Hindu undivided family; or
(b) they are husband and wife; or
(c) the one is related to the other in the manner indicated in Schedule IA.
SCHEDULE IA
LIST OF RELATIVES
1. Father
2. Mother (including step-mother)
3. Son (including step-son)
4. Son’s wife
5. Daughter (including step-daughter)
6. Father’s father
7. Father’s mother
8. Mother’s mother
9. Mother’s father
10. Son’s son
11. Son’s son’s wife
12. Son’s daughter
13. Son’s daughter’s husband
14. Daughter’s husband
15. Daughter’s son
16. Daughter’s son’s wife
17. Daughter’s daughter
18. Daughter’s daughter’s husband
19. Brother (including step-brother)
20. Brother’s wife
21. Sister (including step sister)
22. Sister’s husband

02 August 2010 No this position should be avoided. I mean in your case BS signing by auditor is not at all advisable keeping in view the provisions of independence of auditor.

Regards




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