Section 226 - Qualifications and disqualifications of auditors. - Companies Act, 1956

Qualifications and disqualifications of auditors. 226. (1) A person shall not be qualified for appointment as auditor of a company unless he is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949): Provided that a firm whereof all the partners practising in India are qualified for appointment as aforesaid may be appointed by its firm name to be auditor of a company, in which case any partner so practising may act in the name of the firm. (2)(a) Notwithstanding anything contained in sub-section (1), but subject to the provisions of any rules made under clause (b), the holder of a certificate granted under a law in force in the whole or any portion of a Part B State immediately before the commencement of the Part B States (Laws) Act, 1951 (3 of 1951) [1] [or of the Jammu and Kashmir (Extension of Laws) Act, 1956, (62 of 1956), as the case may be,] entitling him to act as an auditor of companies [2] [in the territories which, immediately before the 1st November, 1956, were comprised in that State] or any portion thereof, shall be entitled to be appointed to act as an auditor of companies registered anywhere in [3] [India]. (b) The Central Government may, by notification in the Official Gazette, make rules providing for the grant, renewal, suspension or cancellation of auditors' certificates to persons in [4] [the territories which, immedia tely before the 1st November, 1956, were comprised in Part B States] for the purposes of clause (a), and prescribing conditions and restrictions for such grant, renewal, suspension or cancellation. (3) None of the following persons shall be qualified for appointment as auditor of a company __ (a) a body corporate; (b) an officer or employee of the company; (c) a person who is a partner, or who is in the employment, of an officer or employee of the company; (d) a person who is indebted to the company for an amount exceeding one thousand rupees, or who has given any guarantee or provided any security in connection with the indebtedness of any third person to the company for an amount exceeding one thousand rupees; [5] [(e) a person holding any security of that company after a period of one year from the date of commencement of the Companies (Amendment) Act, 2000. Explanation . For the purposes of this section, "security" means an instrument which carries voting rights:] Explanation . References in this sub-section to an officer or employee shall be construed as not including references to an auditor. (4) A person shall also not be qualified for appointment as auditor of a company if he is, by virtue of sub-section (3), disqualified for appointment as auditor of any other body corporate which is that company's subsidiary or holding company or a subsidiary of that company's holding company, or would be so disqualified if the body corporate were a company. (5) If an auditor becomes subject, after his appointment, to any of the disqualifications specified in sub-sections (3) and (4), he shall be deemed to have vacated his office as such. ------------------------------------- Notes:- [1] Inserted by the J K (Extension) Act 62 of 1956, section 2 and Schedule w.e.f. 1-11-1956. [2] Substituted by the Adaptation of Law (No. 3) Order, 1956, for "in that State". [3] Substituted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 68, for "those territories". [4] Substituted by the Adaptation of Law (No. 3) Order, for "Part B States". [5] Substituted for clauses (e) and (f) by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. (e) a person who is a director or member of a private company, or a partner of a firm, which is the managing agent or the secretaries and treasures of the Company; (f) a person who is a director, or the holder of shares exceeding five per cent in nominal value of the subscribed capital, of any body corporate which is the managing agent or the secretaries and treasures, of the company: Provided that any shares held by such person as nominee or trustee for any third person and in which the holder has no beneficial interest shall be excluded in computing the percentage of shares held by him for the purpose of this clause .