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ARTICLE · 08 SEPTEMBER 2017

Reporting Of Frauds By The Auditor - 5 Considerations

On 14 December 2015, the Ministry of Corporate Affairs (MCA) came out with a notification pertaining to reporting of frauds..

IndiaCriminal Law
Veena Sharma
Veena Sharma

On 14 December 2015, the Ministry of Corporate Affairs (MCA) came out with a notification pertaining to reporting of frauds (Rule 13 to the Companies (Audit and Auditors) Amendment Rules, 20151). This notification also indicated what could be considered an acceptable threshold value of fraud loss from a reporting standpoint (individually an amount of rupees one crore or above, in this case) – an aspect of materiality that was until now left to the company's discretion.

MCA's notification on 'Reporting of frauds by auditor and other matters'

A brief outline

The notification states that if an auditor has "reason to believe" that fraud, which involves or could potentially involve individually an amount of rupees one crore or above, is being or has been committed against the company, the auditor needs to report the matter to the Central Government within 60 days of his or her knowledge of such a fraud. The process for doing this, includes reporting the matter to the

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