Union of India - Act
National Financial Reporting Authority Rules, 2018
UNION OF INDIA
India
India
National Financial Reporting Authority Rules, 2018
Rule NATIONAL-FINANCIAL-REPORTING-AUTHORITY-RULES-2018 of 2018
- Published on 13 November 2018
- Commenced on 13 November 2018
- [This is the version of this document from 13 November 2018.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short Title and Commencement.
2. Definitions.
3. Classes of companies and bodies corporate governed by the Authority.
4. Functions and duties of the Authority.
5. Annual return.
- 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] [Substituted '30th April every year in such form as may be specified by the Central Government' by Notification No. G.S.R. 636(E), dated 5.9.2019 (w.e.f. 13.11.2018).].6. Recommending accounting standards and auditing standards.
7. Monitoring and enforcing compliance with accounting standards.
8. Monitoring and enforcing compliance with auditing standards.
9. Overseeing the quality of service and suggesting measures for improvement.
10. Power to investigate.
11. Disciplinary proceedings.
12. Manner of enforcement of orders passed in disciplinary proceedings.
13. Punishment in case of non-compliance.
- If a company or any officer of a company or an auditor or any other person contravenes any of the provisions of these rules, the company and every officer of the company who is in default or the auditor or such other person shall be punishable as per the provisions of section 450 of the Act.14. Role of chairperson and full-time members.
- All matters related to, investigation, monitoring, enforcement and disciplinary proceedings shall be examined and decided by the chairperson or any one or more of the full-time members, acting through one of the Divisions.15. Advisory committees, study groups and task forces.
- For the effective performance of its functions under the Act, the Authority may constitute advisory committees, study groups and task forces.16. Financial reporting advocacy and education.
- The Authority shall take suitable measures for the promotion of awareness and significance of accounting standards, auditing standards, auditors' responsibilities, audit quality and such other matters through education, training, seminars, workshops, conferences and publicity.17. Confidentiality and security of information.
18. Avoidance of conflict of interest.
19. International associations and international assistance.
| {| | ||
| FORM NFRA - 1[Pursuant to section 132 of the CompaniesAct,2013 and Rule 3(2) and 3(3) of the NationalFinancial Reporting Authority Rules, 2018] | Notice to the Authority by a body corporate regarding its auditor |
| Form LanguageEnglishHindi | |
| Refer the instruction kitfor filing the form. | |
| Auditor of a body corporate functioning as on the date of commencement of the RulesAuditor of a body corporate referred to in rule 3(3)Auditor of a foreign body corporate referred to in proviso to rule 3(3) |
| 1. | (a) *Identity number of body corporate |
| (b) Global Location Number(GLN) |
| 2. | (a) | Name of the body corporate | {| |
| (b) | Address of the Registered Officeof the Body Corporate | {| | |
| (c) | *e-mail id of the body corporate | {| | |
| 3. | *Whether joint auditors have been appointedYesNo | |
| {| | ||
| *Number of auditor(s) appointed |
| I. | (a) | *Category of auditorIndividualAuditor's firm |
| (b) | *Income-tax permanent account number of auditor or auditors firm |
| (c) *Name of the auditor or auditors firm | ||
| (d) *Membership number of auditor or auditor's firm registration number |
| | |
| (e) *Address of the auditor or auditor's firm |
| * Line I |
| Line II |
| * City |
| * State |
| Country |
| * Pin code | | |
| *e-mail ID of the auditor or auditor's firm |
| (f) *Period of accounts for which appointed | Form | | (DD/MM/YYYY) |
| To | | (DD/MM/YYYY) |
| (g) *Number of financial year(s) to which appointment relates |
| (h) *Whether the appointment of auditor, if being appointed in India, is within the limits specified in section141(3)(g)YesNo |
| (i) Specify the tenure of previous appointment(s) of the auditor or auditors firm or its member in the same company in which audit was conducted. |
| *Number of financial year(s) |
| S. No. | Person appointed as auditor | Financial year Start date | Financial year End date |
| 4. | (a) *Whether auditor(s) have been appointed in Annual general meeting (AGM)YesNo |
| (b) If yes, date of AGM | (DD/MM/YYYY) |
| 5. | *Date of appointment | (DD/MM/YYYY) |
| 6. | (a) *Whether auditor is appointed due to casual vacancy in the office of auditorYesNo |
| (b) *Person vacated the officeIndividualAuditor's firm |
| (c) *Mention the membership number of auditor or Registration number of auditor's firm who has vacated theoffice |
| (d) *Mention the date of such vacancy |
| (e) *Reasons of the casual vacancy | |
| Attachments | List of attachments | ||
| 1. Copy of the intimation sent by body corporate | |||
| 2. *Copy of written consent given by auditor; | |||
| 3. *Copy of resolution passed by the body corporate; | |||
| 4. Copy of the letter of appointment from C&AG | |||
| 5. Copy of the order of the Tribunal | |||
| 6. Optional attachments, if any. |
| Declaration |
| I am authorized by the Board of Directors of the body corporate vide resolution number **datedto sign this form and declare that all the relevant requirements of Companies Act, 2013 and rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete including the attachments to this form and nothing material has been suppressed. |
| *To be digitally signed by | |
| *Designation | |
| *Director identification number of the director; or; | |
| DIN or PAN of the manager/CEO/CFO; orMembership number of the Company Secretary |
| Note: Attention is also drawn to provisions of Section 448 of the Companies Act which provide for punishment for false statement. |
| This Form has been taken on file maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the filling company. |
| {| | ||
| [Form NFRA - 2] [Inserted by Notification No. G.S.R. 636(E), dated 5.9.2019 (w.e.f. 13.11.2018).][Pursuant to section 132 of the Companies Act, 2013 and rule 5 of the National Financial Reporting Authority Rules, 2018] | Annual Return To Be Filed By Auditor With The National Financial Reporting Authority |
| 1. | Identity of The Auditor and Contact Persons | |
| 1.1 | Name and Contact Details of The Auditor | |
| (a) | Category of auditorIndividualFirmIndianLLPForeign LLP | |
| (b) | Limited Liability Partnership IdentificationNumber (LLPIN) or any other registration number | {| |
| {| | |||
| 3. | General Information Concerning The Auditor | ||
| 3.1 | Jurisdictional Information | ||
| (a) | Whether the Auditor of the body corporatespecified in rule 3(1)(e) has been subjected to a review in thenature of a 'quality control review' concerning the audit andattestation services of the Auditor by a regulator/agency in therelevant jurisdiction. | ||
| Yes | No | ||
| (i) Name of Regulator/agency | {| | ||
1. of the Companies Act, 2013
|-|| body corporate which has been referred by the CentralGovernment (copy of the order to be attached)|-| 5.| Registered addressof the company/ body corporate| {||-||}|-| 6.| Date of the auditreport (dd/mm/yyyy)| {||-||}|-| 7.| (A) Name ofEngagement Partner| {||-||}|-|| (B) RegistrationNumber| {||-||}|-| 8.| (A) Name ofEngagement Quality Review Partner| {||-||}|-|| (B) RegistrationNumber| {||-||}|-| 9.| Whether audit reporthas been modified.||-|| Yes| No||-| 10.| Total fees andexpenses received by the Auditor from each company or bodycorporate referred to in Sl. No. 1 in Indian Rupees as under:-|-|| (i) statutory auditservices| {||-||}|-|| (ii) tax audit andother taxation services| {||-||}|-|| (iii) attestationand certification services| {||-||}|-|| (iv) non-auditservices| {||-||}|-|| (v) out-of-pocketexpenses| {||-||}|-| 11.| If fees not receivedin Indian Rupees, rate of conversion used for converting thesame from any other currency to Indian Rupees| {||-||}|-| 12.| Any findings in theAuditor’s report which are unfavourable or qualified||-|| Yes| No||-|| Details||-|| {||-||}||-| 13.| Whether Auditor isunable to express any opinion on any specified matter in theAuditor's report||-|| Yes| No||-|| Details||-|| {||-||}||-|| (b) Number ofentities specified in rule 3(1) (e) for which the Auditor issuedany audit report(s) during the reporting period| {||-||}|-| I.| Provide thefollowing information concerning each entity specified in 4(b)above:|-|| 1. Name of bodycorporate| {||-||}|-|| 2. Foreign companyregistration number (FCRN) of the company or Identity number ofbody corporate| {||-||}|-|| 3. Global LocationNumber (GLN)| {||-||}|-|| 4. Registeredaddress of the body corporate| {||-||}|-|| 5. Date of the auditreport| {||-||}|-|| 6. Whether auditreport has been modified.||-|| Yes| No||-| 7.| Fees and expensesreceived by the Auditor from each company or body corporatereferred to in sl.no. 1 in Indian Rupees as under:-|-|| (i) statutory auditservices| {||-||}|-|| (ii) tax audit andother taxation services| {||-||}|-|| (iii) attestationand certification services| {||-||}|-|| (iv) non-auditservices| {||-||}|-|| (v) out-of-pocketexpenses| {||-||}|-| 8.| If fees not receivedin Indian Rupees, rate of conversion used for converting thesame from any other currency to Indian Rupees.| {||-||}|-| 9.| Any findings in theAuditor's report which are unfavourable or qualified|-|| Yes| No||-|| Details||-|| {||-||}|-| 10.| Whether Auditor isunable to express any opinion on any specified matter in theAuditor's report|-|| Yes| No||-|| Details||-|| {||-||}|-| 11.| Whether GenerallyAccepted Auditing Standards (GAAS) have been followed|-|| Yes| No||-|| (a) if no, then nameof the auditing standard followed| {||-||}|-| 12.| Whether GenerallyAccepted Accounting Principles (GAAP) have been followed|-|| Yes| No||-|| (a) if no, then nameof the accounting standard followed| {||-||}|-| 13.| Period covered bythe financial statements that were the subject of the auditreport (dd/mm/yyyy) to (dd/mm/yyyy)| {||-||}|-| 14.| CIN or PAN of thecompany/ body corporate of which the entity in Sl. No. 1 aboveis a subsidiary or associate company.| {||-||}|-| 15.| Name of thecompany/body corporate of which the entity in Sl. No.1 above isa subsidiary or associate company.| {||-||}|-| 16.| Consolidated incomeof the company/body corporate referred in Sl. No. 15 above| {||-||}|-| 17.| Consolidated networth of the company/ body corporate referred in Sl. No. 15above| {||-||}|-| 18.| Income of thesubsidiary/associate referred in Sl. No. 1| {||-||}|-| 19.| Networth ofsubsidiary/associate referred in Sl. No. 1| {||-||}|-| 20.| LLPIN/ RegistrationNumber of the firm that issued the audit report(s) for theentity in Sl. No. 15 above| {||-||}|-| 21.| Name of the firmreferred to in Sl. No. 20.| {||-||}|}| 5. | Audit-Related Memberships, Affiliations, OrSimilar Arrangements of The Auditor | |
| (a) Membership or affiliation of the auditorwith any network in connection with the provision of auditservicesYesNo | ||
| (b) If the response to the above is Yes,identify the entity with which the Firm has such relationship: | ||
| 1. Entity name | {| | |
5.
| CIN/PANof the company/body corporate | Nameof the company/bodycorporate | Reportingperiod for which the resignation was submitted (DD/MM/YYYY)to (DD/MM/YYYY) |
| CIN/PANof the company/body corporate | Nameof the company/bodycorporate | Reporting period for which the withdrawaltook place(DD/MM/YYYY) to (DD/MM/YYYY) |