Section 144 of Companies Act 2013, Auditor not to Render Certain Services: Analysis
In accordance with section 144 of the Companies Act 2013, auditors are not allowed to render certain services. This section stipulates that an auditor appointed in accordance with section 139 of the Companies Act 2013 should not render any of the following services:
1. Bookkeeping or other services related to accounting records or financial statements of the company;
2. Internal audit;
3. Design and implementation of any financial information systems;
4. Actuarial services;
5. Investment advisory services;
6. Investment banking services;
7. rendering of outsourced financial services;
8. Management services;
9. Any other kind of service as may be prescribed in consultation with the Institute of Chartered Accountants of India.
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Scope and Rationale for Restriction under Section 144 of Companies Act, 2013
The restriction imposed by section 144 is in line with globally accepted standards on auditing which call for a distinct separation between auditors and service providers. The primary rationale for the restriction is to prevent any potential conflict of interest and maintain auditor independence. By ensuring that auditors are not involved in service activities outside the scope of auditing, it will be possible for them to carry out their responsibilities without any undue pressure from management or external parties.
Also, by separating the scope of auditor services from services rendered by other external service providers,the auditor will be able to focus entirely on the objective opinion that they provide to the company and its various stakeholders. The restrictions also ensure that auditors adhere to their duties to the public at large and do not use the free service they receive from their clients as a means to gain leverage or improper benefits.
Restrictions on Audit Firms under Section 144 of Companies Act, 2013
The restrictions imposed by section 144 not only apply to individual auditors but also to audit firms appointed as per section 139 of the Companies Act 2013. Audit firms appointed as per section 139 of the Companies Act 2013 should abstain from providing any of the services listed under Section 144. However, they may provide related services such as consulting services on matters of financial accounting and reporting, tax advice, corporate governance and management services if such activities do not involve the provision of audit services.
Auditor Independence
The goal of the restrictions imposed by section 144 is to ensure auditor independence. Part IIA (sections 143 to 147) of the Companies Act 2013 sets forth strict guidelines regarding the independence of audit firms and individual auditors. According to these guidelines, audit firms are required to have a code of ethics which prohibits them from providing services which could be seen as compromising their independence.
Conclusion
Section 144 of the Companies Act 2013 imposes restrictions on the services that auditors can provide. These restrictions are in line with the globally accepted standards on auditing and aim to ensure auditor independence. They also ensure that audit firms are not involved in activities which could be perceived as compromising their independence. These restrictions ensure that auditors are able to provide an independent opinion to the company and its stakeholders without any undue pressure from external parties.
Author Bio
STUPID PROVISIONS. INCORPORATED ONLY FOR VIOLATION. WOULD NOT DARE TO PLACE SIMILAR RESTRICTIONS ON THE ADVOCATES.