Auditing Module 4
Auditing Module 4
Introduction:
Companies Act, 2013 is rule based Act. Sections 139 to 148 of this Act
deals with provisions relating to audit of companies. Therefore, it is
quite important to understand these provisions very carefully.
Students may also study sections 128 to 138 relating to “Accounts” of
companies for better understanding of this particular subject. The
provisions relating to ‘audit’ broadly deal with who can be appointed
as an auditor under the Act, i.e., qualifications and disqualifications,
the manner of appointment and removal of an auditor and rights and
duties of an auditor. Company is the artificial being which separate
entity from the owner or management. At the end of the period the
auditor must submit company’s financial statement to the user after
proper examination. When an auditor apply auditing activities to
examine the statement in order to give expert opinion their on such
types of auditing activities are called company audit.
Company Auditor:
Company Auditor is an individual appointed for preparing an
independent audit report of the company. He can be either appointed
by the company’s Board of Directors, Shareholders, Central
Government or Comptroller and Auditor General of India (CandAG)
accordingly An individual must have expert knowledge and a
practicing certificate from the Indian Institute of Chartered
Accountants for becoming a company auditor.
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Definition of Company Audit
Under the sec 183(3) of the Company Act, 2013, Company Audit
means “the Balance Sheet and Profit and Loss Account or Income or
Expenditure Account, Cash Flow Statement of a company shall be
caused to be audited by the auditor of the company as in the
company act provided.”
The main purpose of appointing an auditor or auditors in a company is
to safeguard the interests of the shareholders because, for every
shareholder, it is neither possible to inspect the books of account of
the company personally nor to participate in its management actively.
An auditor, therefore, is a representative of the shareholders and he
works on their behalf. He is to ensure that the directors have
maintained proper books of account, the accounting records are
correct and genuine, the company has complied ‘with the provisions
of the Companies Act and that nothing has been done to jeopardizes
the interests of the shareholders deliberately.
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(b) Chartered accountancy firm where all partners are
practicing in India is also qualified for being a company’s
auditors. Also any partner of the firm acting on behalf of
their firm can work as company auditor.
2) Confined State Auditor: The certificate holder issued by the law
entitling him to act as a company’s auditor in India holds the
right to become an auditor of a company.
Disqualification of an Auditor
Under Section 141(3) the following individuals are not qualified to
become a company auditor,
1) A Corporate Body as it has limited liability.
2) Working employees or officers of the company.
3) Partners of officers who are working in the company.
4) Individual holding security of the company.
5) A person disqualified by any subsidiary company from acting as
a company auditor.
In case of a partnership firm, if any of the partners is disqualified
because of any above reasons, the firm will also be disqualified from
being appointed as company auditor
Appointment of an Auditor
The following are the ways of appointing the company auditor:
1) Appointment by Shareholders: Regardless of the nature of
the company, i.e., whether a company is public or private, it is
obligatory for them to appoint a company auditor in every
Annual General Meeting (AGM). The point which should be kept
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in mind here is that word “Every” is important as it is
compulsory to pass a resolution at every annual general meeting
to appoint a company auditor. i.e., the retired auditor will not be
automatically re-appointed. The auditor appointed can carry on
his rights till the next annual general meeting of the company. It
is also applicable to foreign companies running their business in
India. The appointed auditor must get declared within the 7 days
of the resolution passed by the company, and the auditor should
send written acceptance or denial of the appointment within 30
days of receiving notice. If he accepts the offer, he will be a
company’s auditor from the appointment date till the next
annual general meeting of the company.
2) Appointment by Central Government: For enabling the
central government power, the company must inform the
government in writing within seven days of their annual general
meeting, that no auditor has been appointed for the company. If
the company and its officers fail to serve the notice, fine of five
hundred will be imposed on every officer of the company. If the
central government is authorized to appoint an auditor for the
company, then the shareholders of the company have no right
to appoint an auditor in their annual general meetings by
passing a resolution. The auditor appointed by the central
government will be the final auditor and cannot be questioned
by the company and its officers.
3) Appointment by the Board of Directors: Appointment of
the first auditor of the company is made by its Board of Directors
within one month from the date of the registration of the
company by means of passing a resolution. After that the
auditor appointed will remain company auditor till the
appointment of next auditor in the first annual general meeting
of the company. If the Board of Directors fails to nominate the
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auditor for the company, the shareholders can appoint an
auditor in their general meeting (need net to wait for the annual
general meeting, only for the first appointment of auditor).
4) Appointment by Comptroller and Auditor General of
India: The auditor for the government companies should be
appointed by the Comptroller and Auditor General of India
(C&AG). Here, the Government Company implies any company
in which the central government, State government or partially
Central Government and State government holds more than 51%
of Share capital. It also includes subsidiary government
companies.
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branches. He has full right to access vouchers and books of
accounts of the branches whenever required.
4) Right to attend General Meetings: The company auditor has
a right to receive the notices regarding General Meetings of the
company; although it’s not his duty to take part in the
discussion, he can give clarification on any part where his
consent is required as an auditor. However, he cannot outbreak
responsibility of any omission in his report.
Company Auditor is an individual appointed to examine or verify the
fiscal records of the company, he should have specialized knowledge
in his field and along with expertise, and he should be honest,
thoughtful, cautious and careful.
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d) Whether in his opinion proper books of accounts as
required by law have been kept by the company so far as
appear from his examination of those books.
e) Whether the report on the accounts of any Branch office
audited under section 228 by a person other than the
Company’s auditor has been forwarded to him and how he
had dealt with the same in preparing the auditor’s report.
f) Whether the Company’s Balance Sheet and Profit and Loss
Account dealt with by the report are in agreement with the
books of accounts and return.
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e) Personal expenses: He should enquire whether any personal
expenses have been charged to revenue accounts of the
company, so as to improperly utilize the funds of the company
for the individual benefit of any person directly or indirectly in
control of the affairs of the company.
f) Allotment of shares for cash: Where it is stated in the books
and papers of the company that any shares have been allotted
for cash, the auditor must enquire whether cash has actually
been received in respect of such allotment, and if no cash has
actually been received, whether the position as stated in
the account books and the Balance Sheet is correct and regular
3) Duty to sign report: It is the duty of the auditor to sign the report
prepared by him. In case the auditor is a firm, only a partner of
the firm practicing in India may sign the report.
4) Duty as to statutory report: It is the duty of an auditor to certify
statutory report as correct to the extent it relates to: a
a) Shares allotted by the company,
b) Cash received in respect of such shares and
c) Receipts and payments of the company.
5) Duty as to prospectus: It is the duty of the auditor to certify
information given in the prospectus with regards to certain
matters.
6) Duty as to report under voluntary winding-up: If a company goes
into voluntary winding up, the directors are required to file a
declaration of solvency. Thus, it is the duty of the auditor to give
a report about such declaration.
7) Duty to assist investigation: Where an inspector is appointed to
investigate the affairs of the company, it is the duty of the
auditor to assist investigator in connection with the
investigation.
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8) Duty of care and caution: The auditor holds himself out as an
expert and must act honestly and exercise due care and caution
in the performance of his engagement.
9) Duty to pay damages: As per section 245, the depository and
members of the company have right to file an application before
the tribunal if they are of the opinion that the management or
conduct of the affairs of the company are being conducted in a
manner prejudicial to the interests of the company.
10) Duty to do branch audit: Where a company has a branch
office, the accounts of that office shall be audited either by the
auditor appointed for the company, or by any other person
qualified for appointment as an auditor of the company.
11) Duty to check auditing standards: Every auditor shall
comply with the auditing standards. The Central Government
shall notify these standards in consultation with National
Financial reporting Authority.
12) Duty of fraud reporting: If an auditor of a company, in the
course of the performance of his duties as auditor, has reason to
believe that an offence involving fraud is being or has been
committed against the company by officers or employees of the
company, he shall immediately report the matter to the Central
Government within such time and in such manner as may be
prescribed.
13) Winding up: As per section 305, at the time of voluntary
winding up of a company it is a mandatory requirement that
auditor should attach the copy of the audits of the company
prepared by him.
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Liabilities of an auditor:
The primary duty of an auditor is to present a report on the accounts
and statements submitted by him to members of the company. He is
responsible not only to the members of the company but also to the
third parties of the company, i.e., creditors, bankers etc. Following are
the liabilities of an auditor:
Civil Liability
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1) Liability for Misstatements in the Prospectus [Sec.35]: An
auditor shall be held liable to compensate every person who
subscribes for any shares or debentures of a company on the
faith of the prospectus containing an untrue statement made by
him as an expert.
2) Criminal Liability of Auditor under Companies Act:
a) Untrue statement in Prospectus [Sec.34]: The auditor is
liable when he authorizes a false or untrue prospectus
When a prospectus includes any untrue statement, every
person who authorizes the issue of prospectus shall be
imprisoned for a period of six months to ten years or with a
fine, which may be three times the amount involved in the
fraud or with both.
b) Non compliance by auditor [Sec. 143 and 145]: If the
auditor does not comply regarding making his report or
signing or authorization of any document and makes wilful
neglect on his part he shall be punishable with
imprisonment up-to one year or with fine not less than
25,000 extendable to ₹ 5,00,000.
c) Failure to assist investigation (Sec.217 (6)): When Central
Government appoints an Inspector to investigate the
affairs of the auditor to to the inspectors. Of the company;
it is the produce all books, documents and to provide If the
auditor fails to do so duty. Assistance he shall be
punishable with imprisonment up-to one year and with
fine up-to ₹1,00,000
d) Failure to assist prosecution of guilty officers [Sec.224]: An
auditor is required to assist prosecution when Central
Government takes any action against the report submitted
by the Inspector. If he fails to do so, he is found guilty and
is punishable.
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e) Failure to return property, books or papers [Sec.299]:
When a company is wound up the auditor is supposed to
be present and subject himself to a private examination by
the court and is also liable to return to the court any
property, books or papers relating to the company. If the
auditor does not comply, he may be imprisoned.
f) Penalty for falsification of books [Sec.336]: An auditor
when destroys, mutilates, alters or falsifies or secrets any
books of account or document belonging to the company
he shall be punishable with imprisonment and also be
liable to fine.
g) Prosecution of auditor [Sec.342]: In the course of winding
up of a company 8 by the Tribunal, if it appears to the
Tribunal that an auditor of the company has been guilty of
an offence, it shall be the duty of the auditor to give all
assistance in connection with the prosecution. If he fails to
give assistance he shall be liable to fine not less than
25,000 extendable up-to₹ 1,00,000.
h) Penalty for deliberate act of commission or omission
[Sec.448]: If an auditor deliberately make a statement in
any report, certificate, balance sheet, prospectus, etc
which is false or which contains omission of material facts,
he shall be punishable with imprisonment for a period of
six months to ten years and fine not less than amount
involved in fraud extendable to three times of such
amount.
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If any person issues or signs any certificate relating to any fact
which such certificate is false, he is punishable as if he gave
false evidence. According to Sec. 197 of the Indian Penal
Code, the auditor is similarly liable for falsification of any
books, materials, papers that belongs to the company.
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E. Liability towards Third Parties
There are number of persons who rely upon the
financial statements audited by the auditor and enter
into transactions with the company without further
enquiry viz. creditors, bankers, tax authorities,
prospective shareholders, etc.
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and sometimes we ignore them. Philosophers, religious institutions
and other groups defined ideal ethical values by various methods.
Meaning of Professional Ethics
Professional ethics refers to “the professionally accepted standards of
personal and business behavior, values, and guiding principles. It
encompasses the personal, organizational, and corporate standards of
behaviour expected of professionals.”
Professional ethics is part of human ethics. Professional organizations
often establish codes of professional ethics to help guide members in
performing their job functions according to sound and consistent
ethical principles.
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4) Impartiality in judgment: The professional
accountant should have a judgment without
benefits contradict and others influence and don’t
prejudice.
5) Autonomy: The ability of professional accountant to
keep impartiality and the independent auditor
shouldn’t have direct benefits or important indirect
benefits in the unit.
6) Confidentiality: The information of employer should
be confidential. The auditor is not obliged to
disclose the employer confidential information
without his permission and the disclosure is only in
legal courts.
7) Observing the type of service: This principle shows
that the limitations of services are observed and the
work is compatible with the professional role.
8) Professional qualification: The professional
accountant should have adequate information of
techniques in professional work and should have
required skills and experiences.
9) Observing the technical regulations: Observing the
accepted accounting and auditing standards is
obligatory. The professional accountant should
consider professional care in the work as observing
law, report form, timely report, and accuracy in
figures, work appropriate method, quality standards
and other accepted standards.
10) Professional behavior observation: Observing
the position of professional accountant is necessary.
The accountant should behave as making the job
creditability problematic.
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Fundamental Principles of Ethics
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authority. Similarly, they must not exploit their professional and
business relationships for personal gains.
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6) NGOs receives grant from foreign institutions as well. So it is the
duty of the Auditor to check whether it is accepted as per the
provision of financial rules and regulations of the nation or not.
7) The Auditor during the NGO Audit should check the use of
Government grants. It should also look if the accounts are
adequately maintained or not for recording the grants.
8) In case such an institution has received the donation from any
individual or organization, an auditor should check accounting of
such amount and its use.
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4) Proper utilization of income and their supporting where they
used.
5) Subscriptions and donations are the important source of Income
which must be accounted properly.
6) Examine the frequency or movement of life membership
subscription during the year..
7) Verification of official receipts.
8) Control check over unused receipt books.
9) Verify the sequence of all receipt books.
10) Examine the source of subscriptions and donation as well
as their list of names.
11) Give proper attention on counterfoils of Cash book.
12) Check the total subscriptions and donations with the books
and tally with figures.
13) Examine the process of Cash management and their
accounting with books.
14) Examine the available resource and verify them in figures
with amounts received.
15) Grants play a key role in the income of any charitable
Institutions because as per Income Tax Act there is a provision to
use the grant for their purpose. So, it must be check carefully.
16) Obtain the certificate of grant received.
17) Vouch the grant amount with receipts and Minute Books.
18) Vouch the Bank book and Investment Certificate on which
amount received as Interest and Dividend.
19) Check the computation of Interest received.
20) Reconcile the Bank Book with appropriate details
maintained by Institutions.
21) If the Institution is registered under Income Tax Act, then
check their 26AS and
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22) Reconcile the TDS deduction with books. 22) Examine the
rent agreement and their applicability along TDS provision if
available.
23) Vouching of receipts and expenditure in respect to any
special events organized.
24) Verify the fixed assets schedule and their physical
appearance.
25) Examine the Income Tax refund and calculation of claim
repayment.
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3) Noting of provisions applicable.
4) Evaluation of internal control system.
5) Examine the minute of the meeting and resolution.
6) Verification of students fee register.
7) Authorization for fee concessions.
8) Verification of cashbook with respect of counterfoils of receipts
and payments.
9) Examination of capital fund regarding admission fees.
10) Verify free studentship and concessions.
11) Confirmation of fines for late payment or absence.
12) Check hostel dues recovery.
13) Verification of rental income or expenses.
14) Examine the bank pass book of different nature.
15) Verification of investment registers and also asks about
any interest and dividend from investment if any.
16) Verify grants from any local bodies or Government with
reference to memo or sanction letter.
17) Reporting of any arrears.
18) Vouch counterfoils of receipts taken from donors.
19) Confirmation of any deposits and caution money and its
treatment.
20) Examination of expenses for library books and sports
equipment’s.
21) Checking of acknowledgement letter if any with regards to
scholarship.
22) Examination of payments with respect to prizes if any.
23) Examine the salary register.
24) Verify the Provident Fund Register.
25) Check annual report with accurate supporting documents.
26) Vouching of all establishment expenses.
27) Vouch payment for electricity and water bill.
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28) Examination of payment for hostel maintenance and any
other miscellaneous expenses.
29) Inspection of facilities given to students under any schemes
associated with government
30) Verification of Fixed Assets Register.
31) Verify ownership and existence of Fixed Assets.
32) Confirmation of statutory compliance i.e. P.F., Income Tax
etc
33) Verification of separate statements of accounts for
different funds.
34) Checking of calculation of salary payable and deductions.
35) At last, Cross check all procedure.
Audit of Government
The distrust on the part of the citizens towards the Public
Administration has been affected in the last years. The lack of control
and supervision of money from public coffers, as well as public
tenders, has led to serious cases of fraud and corruption. The
government audit is the means through which public management is
verified and controlled. Their activity and economy are analyzed,
which work around efficiency and transparency, always acting in
accordance with the relevant legal provisions applicable to the
specific case.
Government audit means “the organised and independent
examination of a public entity’s financial, administrative and other
operations for evaluating and verifying them.”
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1.Audit of Financial Statements: Its objective is to determine if the
audited public financial statements have logic, and analyze whether
the operations and results of the exercise are framed within
accounting principles. This type of audit focuses mainly on the
programs and activities designed and determine if they act within the
legal requirements.
2.Management Audit: This type of audit does not only focus on how
the resources available to the Administration are allocated and
distributed; it also analyzes the work and performance of the officials,
if they act on the basis of good faith, working with the objective of
meeting the goals and objectives proposed.
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Legislature of a State may, by Iaw, make provisions with respect to
the maintenance of accounts by the Panchayats, Municipalities
and/or corporations.
The Comptroller and Auditor General of India (CAG), who is the head
of the Supreme Audit Institution of India (SAI) derives his duties and
powers mainly from Articles 149 to 151 of the Constitution of India
and the Comptroller and Auditor General’s (Duties, Powers and
Conditions of Service) Act, 1971.
Under the provisions of the Constitution of India and the Act, the CAG
is the sole auditor of the accounts of the Central (Union) Government
and the State Governments. CAG is also responsible for the audit of
local bodies (i.e., Panchayath Raj institutions and urban local bodies)
under the provisions of some of the State Acts and provides technical
and administrative guidance for accounting and audit functions in all
States as per orders issued by Ministry of Finance, Government of
India.
The reports of the CAG relating to the accounts of the Union and the
States are submitted to the President/Governor of the State for being
laid before the Parliament/ State Legislature. The CAG is also
responsible for ensuring a uniform policy of accounting and audit in
the Government sector as a whole. The Act authorizes the CAG to lay
down for the guidance of the Government departments, the general
principles of Government accounting and the broad principles in
regard to audit of receipts and expenditure.
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2) Transactions relating to the Contingency Funds and Public
Accounts.
3) Trading, manufacturing, profit and loss accounts and balance
sheets, and other subsidiary accounts kept in any Government
department.
4) Accounts of stores and stock kept in Government offices or
departments.
5) Government companies as per the provisions of the Companies
Act, 1956.
6) Corporations established by or under laws made by Parliament
in accordance with the provisions of the respective legislation.
7) Authorities and bodies substantially financed from the
Consolidated Funds.
8) Any Body or Authority even though not substantially financed
from the Consolidated Fund, the audit of which may be
entrusted to SAI.
9) Grants and loans given by Government to Bodies and Authorities
for specific purposes.
10) Panchayath Raj Institutions and Urban Local Bodies.
The audit mandate also provides for the periodic inspection of records
and accounts of the Government departments to supplement the
audit of vouchers and sanctions that are with the accounts compiling
offices.
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only when changes are approved by Registrar of Societies. There are
two types of society’s, limited liabilities and un-limited liabilities
societies. Any member is not liable to pay more than the nominal
value of share held by them and no member can own more than 20%
of shares of societies.
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interest received and the repayment of loan received with dues
from them.
8) He should carefully vouch and verify that loan given to members
of the society is according to agreement, regulation and
resolution passed by the Managing Committee of the society or
not.
9) An Auditor has to assure that a loan given to a non-member is
not without the permission of the Registrar.
10) He should verify the loan given by Co-operative bank
should be according to the prescribed limit.
11) An Auditor should physically examine and verify the assets
of a society.
12) He should adopt different methods for different kind of
societies.
13) Balance-sheet, profit and loss account and Auditor report
should be according to the proforma given by the Chief Auditor
of the Co-operative Society of the State.
14) Accounts should be according to the Co-operative Society
Act and also with the provision of Income Tax Act.
15) All the assets, expenses, income, cash-in-hand, etc. should
be vouched and verified according to standard accounting
procedures and principles.
Audit of Hospitals
Being non-profit organizations, hospitals prepare Receipt and
Payment account, Income and Expenditure account and Balance
Sheet; following are various items that fall under income and
expenditure in the hospitals.
Audit of major Items of Income
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1) Room Rent,
2) Medical Care,
3) Dentistry Charges,
4) Delivery Room Charges,
5) Anaesthesia Charges,
6) Laboratory Charges.
7) Grants for Operating Needs of Hospital,
8) Grants for Fixed Assets,
9) Donations,
10) Miscellaneous Income,
11) Interest on Investments,
12) Fees from Nursing Training School,
13) Bed Charges,
14) Operating Room Charges,
15) X-ray Charges,
16) Pharmacy Charges, and
17) Physiotherapy Charges.
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9) Laboratory Expenses,
10) Surgery Expenses,
11) Operation Tools and Equipment Expenses, and
12) Depreciation.
Audit of Clubs
Club refers to “an organization of people with a common purpose or
interest, who meet regularly and take part in shared activities.” The
following points need to be considered while conducting Audits of
Clubs:
1) An Auditor should decide his scope of work from his
appointment letter.
2) He should know whether he is engaged for only accounting and
financial matter or some other assignment too.
3) He should know about the constitution and the legal status of
the Club under which Act the club is registered.
4) A Club may be registered under the Companies Act, the Societies
Registration Act or the Public Trust Act.
5) An Auditor should note down all the related provisions of the
applicable Act relating to the accounts and audit.
6) He should study the Memorandum of Association and the
Articles of Association to know the powers of executive
committee.
7) An Auditor should be aware of the important decisions relating
to accounts, finance, sale and purchase of fixed assets and
investment from the minute book of meeting of the Board of
Directors or the Trustees or the Managing Committee.
8) He should obtain a list of books of accounts, related documents
and other records maintained by that club.
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Audit of Banks
Bank audit is a procedure performed by an auditor appointed by RBI
and ICAI to verify the financial statements of the banking institutions
and to verify whether the banking concerns are following the law and
compliances or regulatory framework applicable on them or not. A
Bank audit is a routine examination of the records and services of the
organization to ensure whether they are in compliance with the laws
and standards of the industry. Banks have to get many types of audits
done such as statutory audit, revenue audit, concurrent audit, etc.
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1) RBI and Institute of Chartered Accountants of India (ICAI)
together scrutinise and appoint an auditor or audit firm for the
audit of the bank after obtaining indebtedness declaration from
a respective firm or an auditor.
2) The audit firm or an auditor cannot assign with any other
statutory audit in the year they are appointed as a bank auditor.
Before initialising the audit, the firm needs to establish the
undertaking of engagement terms describing the time period of
audit term. However, as per ICAI Act, 1949 before getting
engaged the auditor need to communicate with the previous
auditor of the bank in writing for taking his consent.
3) After that, the new auditor will review the initial opening
balance, and if he founds any material misstatement or errors
affecting financial statement, he can assert his point of view in
his audit report by way of qualified or adverse report.
4) Thereafter, banks accounting process, risk management process
and risk identification are made along with control and
monetary activities considered by the management.
5) At last, after reviewing all the relevant elements, an auditor
prepares an audit report defining his opinion regarding the
financial condition of the bank as well as if any loopholes found
in following the mentioned regulations under Act.
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