Page 72 - Quick Insights Book 2022
P. 72

Securities and Exchange Board of India (SEBI)               19


                                                               AUDIT OF MUTUAL FUNDS

                                                               The auditor of a Mutual Funds, appointed in terms of Regulation
                                                               55(1) of SEBI  (MFs) Regulations  shall  be  a  firm,  including  a
                                                               limited liability firm, constituted under the LLP Act, 2008. With
                                                               respect to appointment of auditors in terms of Regulation 55(1)
                                                               of SEBI (MFs) Regulation, 1996, it has been decided that:
                                                               No  MF  shall  appoint  an  auditor  for  more  than  2  terms  of
                                                               maximum five consecutive years. Such auditor may  be  re-
                                                               appointed after cooling off period of 5 years.
                                                               Further, during the cooling-off period of five years, the incoming
                                                               auditor may not include:
                                                                    Any firm that has common partner(s) with the outgoing
                                                                     audit firm
                                                                    Any associate/affiliate firm(s) of the outgoing audit firm
                                                                     which are under the same network of audit firms wherein
                                                                     the term “same network” includes the firms operating or
                                                                     functioning, hitherto or in future, under the same brand
                                                                     name, trade name or common control
                                                                     Existing auditors may be appointed for a maximum of 10
                                                                     years (including all preceding years for which an auditor
                                                                     has been appointed in terms of Regulation 55(1) of SEBI
                                                                     (Mutual Funds) Regulation, 1996). In this respect, the
                                                                     following may be noted:

                                                                    Auditors who have conducted audit of the Mutual Fund
                                                                     for less than 9 years (as on date of issuance of this
                                                                     circular) may continue for the residual period of service.
                                                                    Auditors who have conducted audit of the Mutual Fund
                                                                     for 9 years or more (as on date of issuance of this
                                                                     circular)  may  continue  for  a  maximum  of  1  year  from
                                                                     date of issuance of this circular.
                  Securities and                                    Such auditors shall subsequently  be  eligible for  re-

                Exchange Board                                       appointment after a cooling-off period of 5 years, in
                                                                     terms of Para B(2)(i) and Para B(2)(ii) above.

                  of India (SEBI)                              This circular is issued in exercise of powers conferred under
                                                               Section 11(1) of the Securities and Exchange Board of India
                                                               Act, 1992, read with the provisions of Regulation 77 of SEBI
                                                               (Mutual Funds) Regulations, 1996, to protect the interests of
                                                               investors in securities and to promote the development of, and
                                                               to regulate the securities market.

                                                               LIMITED REVIEW UNDER CLAUSE 41 OF THE
                                                               LISTING AGREEMENT OF SECURITIES AND
                                                               EXCHANGE BOARD OF INDIA

                                                               The Securities and Exchange Board of India earlier required for
                                                               a half-yearly review of accounts for listed companies to ensure
                                                               better compliance and transparency. Effective from the quarter



          Quick Insights   on   Professional Opportunities for Chartered Accountants                          59
   67   68   69   70   71   72   73   74   75   76   77