Dear Professional Colleague:
Internal Financial Controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to company’s policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information.
As per Section 134 of the Companies Act, 2013, every listed Company has to ensure that such internal financial controls are adequate and are operating effectively.
Further, Section 143 of the Companies Act, 2013 casts a responsibility on the statutory auditors of the Company to report, in case of all Companies, whether the company has adequate internal financial controls system in place and the operating effectiveness of such controls.
The Ministry of Corporate Affairs (MCA) has, vide Notification No. G.S.R.. 583(E). dated 13th June, 2017 exempted select Private Companies from the provisions of Internal Financial Controls, which fulfill the following criteria viz.
- which is a one person company or a small company; or
- which has turnover less than Rs. 50 crores as per latest audited financial statement or which has aggregate borrowings from banks or financial institutions or any body corporate at any point of time during the financial year less Rs. 25 crores.”.
MCA, vide Circular No. 08/2017 dated 25th July, 2017 has clarified that above exemption shall be applicable for those audit reports in respect of financial statements pertaining to financial year commencing on or after 1st April, 2016, which are made on or after the date of the said notification.
Our team of experts at eMinds Legal LLP specialize in Internal Financial Controls including drawing up of process flow charts, drafting the Risk and Control Matrices and Management Testing of controls.
Also, we have some great Software (COMPLINITY) which can automate the Internal Financial Controls and internal audit in your organization.
Please free to reach out to me for any further guidance or assistance on Internal Financial Controls or anything related to Governance, Risk or Compliance.
Co-founder & Partner, eMinds Legal LLP
EA Mobile: 98733 02025
eMinds Legal LLP is a boutique Corporate Law Firm in Gurgaon (Delhi NCR) specializing in Corporate Secretarial, Corporate Legal, Compliance and Accounting, Tax & Payroll, with 70+ professionals and 200+ Clients all over India and abroad. Reach us at www.emindslegal.com
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