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This is an archive article published on August 18, 2000

Co audit reports to be revealed

New Delhi, August 17: The amendments to the Companies Act will make it mandatory for the board of directors to share audit committee repor...

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New Delhi, August 17: The amendments to the Companies Act will make it mandatory for the board of directors to share audit committee reports and objections with the shareholders, even if the directors do not agree with the observations of the auditors.

The amendments to the Act, based on the recommendations of the standing committees of Parliament, will be introduced in Parliament in the next week. According to highly placed sources in the Department of Company Affairs, Minister of Law and Justice Arun Jaitley has approached Parliament and priority slot `A’ has been allotted to the amendment bill. The amendments were approved by Union Cabinet at its meeting on Wednesday.

With regard to sharing the contents of the audit committee report, the sources clarified that the board of directors might differ with the objections, but they would not be able to hold back information from the shareholders. The proposed amendments will make it mandatory for the board of directors to share the contents of the audit report with the shareholders along with their comments.

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The amendments have also made it mandatory for companies to deposit interim dividend in a special bank account, as is being done in case of dividend. The companies will also be required to pay the interim dividend to the shareholders within 30 days.

The amendments have also made provisions for introduction of postal ballot and use of electronic voting machines at the annual general meetings of the companies.

Sources further said that under the proposed provisions Securities and Exchange Board of India (SEBI) would carry out inspection of balance sheets in respect of transactions relating to capital market activities. In such matters the companies will be required to submit the reports to the SEBI.

The government has, however, postponed certain contentious issues to a later date. Sources said that the issues concerning winding up of companies has been put on hold pending submission of the Eradi Committee report which was in the process of being finalised.

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Also the issue concerning representation of small shareholders on the board of companies has been put on hold. According to official sources, in-principle there was objection to the small shareholders having a representative on the board. Even in case of banks, employees and officers have their representatives on the board. However, the modalities are needed to be worked out in detail before accepting such a proposal. Similarly, the issue pertaining to women directors on the board needed to be debated.

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