FORM NFRA – 2 is governed by Section 132 of the Companies Act, 2013 and rule 3 and 5 of the National Financial Reporting Authority Rules, 2018. This is a Annual Return to be filed by Auditor with the National Financial Reporting Authority (NFRA).
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Applicability of FORM NFRA – 2
Applicable on Auditors of below mentioned companies:
(a) companies whose securities are listed on any stock exchange in India or outside India;
(b) unlisted public companies having paid-up capital of not less than rupees five hundred crores or having annual turnover of not less than rupees one thousand crores or having, in aggregate, outstanding loans, debentures and deposits of not less than rupees five hundred crores as on the 31st March of immediately preceding financial year;
(c) insurance companies, banking companies, companies engaged in the generation or supply of electricity, companies governed by any special Act for the time being in force or bodies corporate incorporated by an Act in accordance with clauses (b), (c), (d), (e) and (f) of sub-section (4) of section 1 of the Act;
d) any body corporate or company or person, or any class of bodies corporate or companies or persons, on a reference made to the Authority by the Central Government in public interest; and
(e) a body corporate incorporated or registered outside India, which is a subsidiary or associate company of any company or body corporate incorporated or registered in India as referred to in clauses (a) to (d), if the income or networth of such subsidiary or associate company exceeds twenty per cent. of the consolidated income or consolidated networth of such company or the body corporate, as the case may be, referred to in clauses (a) to (d).
Non applicability of FORM NFRA – 2
1. Unlisted private companies (unless referred by Central Government to the Authority in public interest);and
2. Unlisted public companies with paid-up capital or turnover or aggregate of loans, debentures and deposits below the limit stated above.
Due Date if Filing FORM NFRA – 2
Every auditor referred to in rule 3 shall file a return with the Authority on or before 30th November every year in Form NFRA-2.
Required details and documents for filing Form NFRA – 2
During the process of submitting form, user needs to have following details/documents before proceeding with form filling.
1. Limited Liability Partnership Identification Number (LLPIN) or any other registration Number of the firm
2. Income Tax PAN of Auditor (for Indian firm)
3. Registration number of Auditor with the regulator/agency
4. The following details of the companies that need to be filled in:
I. Name of Company/Body Corporate
II. CIN / PAN of Company /Body Corporate Or FCRN of the company or Identity number of body corporate
III. Global Location Number of Company/Body Corporate (if applicable)
IV. Details of the Fees received by the Auditor from Company/Body Corporate
V. Currency Conversion rate (if fees received in Foreign Currency)
5. Network Registration Number of the auditor with ICAI
6. Details of the Partners of the auditor
7. Number of employees employed by the auditor
8. Digital Signature Certificate. (DSC) of User
Additional Required details for filing of FORM NFRA – 2
- Whether the auditor has resigned from his post in any company/body corporate during the past three years.
- Number of companies/ bodies corporate in which the auditor resigned during the past three years.
- Whether the Auditor has withdrawn an audit report on financial statements, or withdrawn its consent to the use of its name in a report, document, or written communication in the past three reporting periods.
- Number of companies/ bodies corporate in which such withdrawal took place during the past three years
- A statement of the quality control policies and procedures of the Auditor for its auditing practice during the reporting period.
Source:
1) https://www.mca.gov.in/content/mca/global/en/acts-rules/ebooks/acts.html?act=NTk2MQ==# Constitution_of _National_Financial_Reporting_Authority
2) https://nfra.gov.in/sites/default/files/NFRARules2018_13112018_0_0.pdf
3) https://eformnfra2.nic.in/index
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Disclaimer: The views and opinion expressed in this article are based upon my understanding and do not necessarily be authentic.
Author Bio
Dear CS Deppakjee, require a clarification. During the tenure of the Companies Act 1956, a notification/circular was issued prohibiting companies from designating an EMPLOYEE as director ie. As marketing director , operations director etc. , if that employee was not a director on the Board of Directors of that Company. Any idea whether that notification/circular is still in effect & IF SO CAN YOU PL POST DETAILS OF THAT CIRCULAR / NOTIFICATION or the LONK THERETO .
Dear CS Deppakjee, require a clarification. During the tenure of the Companies Act 1956, a notification/circular was issued prohibiting companies from designating an EMPLOYEE as director ie. As marketing director , operations director etc. , if that employee was not a director on the Board of Directors of that Company. Any idea whether that notification/circular is still in effect ?