Companies Act, 2013
144. Auditor not to
render certain services.
An
auditor appointed under this Act shall provide to the company only such other
services as are approved by the Board of Directors or the audit committee, as
the case may be, but which shall not include any of the following services
(whether such services are rendered directly or indirectly to the company or
its holding company or subsidiary company, namely:—
a. accounting and book
keeping services;
b. internal audit;
c. design and
implementation of any financial information system;
d. actuarial services;
e. investment advisory
services;
f. investment banking
services;
g. rendering of
outsourced financial services;
h. management services;
and
i. any other kind of
services as may be prescribed:
Provided
that an auditor or audit firm who or which has been performing any non-audit
services on or before the commencement of this Act shall comply with the
provisions of this section before the closure of the first financial year after
the date of such commencement.
Explanation .—For the purposes of
this sub-section, the term “directly or indirectly” shall include rendering of
services by the auditor,—
i.
in
case of auditor being an individual, either himself or through his relative or
any other person connected or associated with such individual or through any
other entity, whatsoever, in which such individual has significant influence or
control, or whose name or trade mark or brand is used by such individual;
ii.
in
case of auditor being a firm, either itself or through any of its partners or
through its parent, subsidiary or associate entity or through any other entity,
whatsoever, in which the firm or any partner of the firm has significant
influence or control, or whose name or trade mark or brand is used by the firm
or any of its partners.