LLP Registration Audit requirements in India | Corpstore
1.
2. FEATURES OF LLP AUDIT
The auditor is a person who makes a unique annual report or audit to the
partners of LLP registration regardless of whether the annual account
prepared to advance in accordance with the act. The report of annual audit
emulates a true and fair view of its state of affairs and the loss & profit for
the year. The audit incorporates the accounts of LLP.
The exclusion from Audit as per the LLP Rule 2009.
Rule 24(8) states that the LLP may immune from the audits of its account
when the following situation arises.
Its turnover should not exceed 40 Lakh Rs
Or its contribution does not overcome Rs. 25 Lakh.
3. AUDIT REQUIREMENTS
The limited liability partnership may entitle to the above criteria from audit only if its
account contains a statement of its partners regarding their liabilities with respect to
Rule 24. This rule may prepare the books of accounts and certificate in e-Form 8.
Additionally, even after the availability of exemption from audit, if the partners willing
to get the accounts of LLP audited. These audits may complete in accordance with the
concern of such rules.
Section 34(4) also involves the removal from the audit.
If any class or classes have to remove from the audit of limited liability partnership,
then the central government also announce through notifications in the official
Gazette.
4. OTHER REQUIREMENTS OF LLP REGISTRATION
AUDIT
If an auditor is appointed by the end of the financial year, any auditor immediately before
the corresponding time is deemed to re-appointed, unless:
The actual re-appointment required by the limited liability partnership agreement.
Most of the LLP has determined that he should not re-appoint and have given a notice to
the effect to the LLP.
The notice specified in the above
Should be in hard copy or electronic format
Must authenticating by the person who gave it.
Compensation of Auditor: the payment of the auditor appointed by the partners
of LLP may be fixed or by following procedures are laid down in the limited liability
partnership agreement.
5. AUDITORS REPORT
The auditor duties include checking of accounts and accounting record of the LLP and
prepare a report. That report must include,
The introduction identifying the accounts that were the subject of the audit and the financial
framework that is applied in their preparations.
To describe the scope of the audit identifying the accounting standards used in the audit.
A statement in accordance with the financial reporting framework, give a true and fair view
of the LLP’s financial affairs.
The report may be qualified or unqualified but it must contain a reference to which the
auditors wish to draw attention without qualifying the report.
6. AUDITOR APPOINTING AUTHORITY
Rule 24(11) states that the designated partners may appoint an auditor or auditors.
Before and after the last date of the financial year.
At least 30 days prior to the end of the financial year.
To fill the vacancy in the auditor office when the turnover exceeds 40lakhs and
contribution moreover 25lakhs.
To puff up the vacancy caused by the removal of an auditor.
The completion of the appointment: in every financial year the auditor or auditors are
appointing and the appointment must be made before 30 days of the end of the
financial year. In the case of the first financial year of an LLP, the auditor can appoint
at any time before the end of the financial year.
7. QUALIFICATION OF AN AUDITOR:
The person who is a charted accountant is qualified to appoint as an auditor of
an LLP.
Auditor appointment Period: In each financial year of the LLP an auditor or
auditors may appoint unless the LLP is removing from the provision of the
audit.
Terms and condition of an Auditor: the auditors or auditor may hold in the
office in regards with the terms of their appointment, and may continue to
hold company till the period the new conditions are appointed or till
reappointed.
8. Resignation by Auditor:
The auditor of LLP may resign from
the office by wringing a letter to
the LLP. The notice is connected
with all the records with his
terminating to hold office. In case
if the auditor is unwilling to
reappointed, he can write a letter
to the LLP office before 14 days
of the selection of the new
auditor. The letter must state the
prior reason for his unwilling for
reappointment.
Inspection of documents from the registrar.
Section 36 talks about the members of the
public, the inspection rights and the
documents required for the filing with the
registrar. Rule 26 of the LLP, the
documents kept by the registrar may
available in the electronic registry for
public access. The certified copy also
mentioned in Annexure A.
REMOVAL OF THE AUDITOR OF THE AUDIT
BY LLP REGISTRATION:
9. INSPECTION OF DOCUMENTS FROM THE
REGISTRAR.
Unlike in the case of companies, the LLP provision may restrict the right to
inspect documents to document filed by the LLP. These are
Document of Incorporation
Names of partners and changes if any
Statements of account and wealth
10. ANNUAL RETURN
Apart from these documents the provision does not allow empower the public to
inspect any other documents. Along with many other documents, Form 3
which contain specific agreements that is not open for public inspection.
The registrar can call and get any data from any LLP.
The minute book should maintain to record all the minutes of the meeting of
partners and committee of partners.
11. ADMISSION OF LLP PETITION AND DIRECTIONS
AS TO ADVERTISEMENT.
When the filing of the petition, it may postes before the member in spaces for
the registration of the petition and fixing a date for hearing and for
directions as to advertisement to be published upon the person whom copies
of the petition are to be served.
If the member may think fit then the direct notice may give to LLP before
giving the directions as to the advertisement of the petition.
12. APPLICATION FOR LEAVE TO WITHDRAW THE
LLP PETITION
The petition for winding up should not withdraw after presentation without the
leave of court.
The application for leave a petition has been advertising in Rule 87 and fixed in
the advertisement for the hearing of the petition.
Substitution of creditor partner for original receiver
Where a petitioner,
Is not entitle to present a petition
13. CONCLUSION
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