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Explain and discuss the duties that are owed by an auditor to a company under UK Company Law
Explain and discuss the duties that are owed by an auditor to a company under UK Company Law.
With reference to relevant case law and state law.
Expert Solution
Duties by an Auditor under UK Companies Act
Duty under Section 227:
The auditor should his opinion in a report after completion of audit work expressing in long or summarized way which addressed to shareholders as a clean or qualified Report.
The audit report should give details about:
- Books and records are maintaining properly or not.
- Whether financial explanations from company staff are received or not.
- Financial statements are prepared accordingly.
- Profit and Lose account and Balance sheet reflects a true and fair views.
Duty under Section 165:
In public company an Auditor should certify the statutory report filed with registrar and sent ( copy ) to members regarding general meeting including details of
- Number of shares issued for cash and for consideration other than cash
- Preliminary expenses.
- Contracts retified by shareholders.
- Summary of receipts and payments of the company.
Duty under Section 240:
The company auditor has to co-operate with govt. inspectors. Otherwise, he will get imprisonment for up to 6 months with/without fine.
Duty under Section 58 (A) and Section 58 (B):
If a company wants to increase capital requirements by the public deposit. So the auditor must confirm that formalities specified are fulfilled or not.
Duty under Section 62 and section 63:
In the case of issuing prospectus by the company with previous 3 /4 years of financial statements. It should be certified by the company auditor people .
Duty under Section 227 (1A):
An Auditor should conduct an inquiry with regard to the following matters
- loans granted by the company
- If the terms and conditions of such loans are prejudicial.
- If personnel expenditure is charged to the revenue account or not.
- If book entries are prejudicial.
Professional Duties of an Auditor
In Chartered Accountants Act an auditor
Should not advertise his service.
Should consult the retiring auditor as part of professional respect .
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