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Microlesson · 5-min read

Audit of Multi-State Cooperative Society (MSCS)

## Audit of Multi-State Cooperative Society (MSCS)

Governed by the Multi-State Cooperative Societies Act, 2002.

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### Qualification of Auditor

  • Only a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949.
  • (Stricter than ordinary cooperative societies where diploma holders may qualify.)

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### Disqualifications

The following persons are NOT eligible for appointment as auditor of an MSCS:

DisqualificationDescription
Body corporateAny corporate entity
Officer/employeeAn officer or employee of the MSCS
Member/employment-linkedA person who is a member of the MSCS, or in the employment of an officer or employee of the MSCS
Debtor/guarantorA person indebted to the MSCS, or who has given a guarantee/security exceeding Rs. 1,000

> If an auditor becomes subject to a disqualification after appointment, they are deemed to have vacated office.

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### Appointment of Auditors

First AuditorSubsequent Auditor
Appointed byBoard of DirectorsMSCS in General Meeting (AGM)
WhenWithin 1 month of registrationAt each AGM
TenureUntil conclusion of first AGMUntil conclusion of next AGM

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### Powers and Duties of the Auditor

  • Right to access books and vouchers, whether kept at head office or elsewhere.
  • Require officers/employees to provide information and explanations necessary for audit.

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### Mandatory Inquiries under Section 73(2)

The auditor shall make the following inquiries:

1. Whether loans and advances on the basis of security are properly secured and whether terms are not prejudicial to the interest of the MSCS.

2. Whether transactions represented merely as book entries are not prejudicial to the interest of the MSCS.

3. Whether personal expenses have been charged to revenue account.

4. If shares have been allotted for cash — whether cash was actually received, and if no cash was received, whether the position as stated in the books and Balance Sheet is correct, regular, and not misleading.

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### Contents of the Auditor's Report

The auditor's report must state whether the financial statements show a true and fair view.

Specifically, the report must state:

Reporting RequirementWhat to State
Information & ExplanationWhether all information and explanations necessary for audit were obtained
Books of AccountWhether proper books of account have been kept and proper returns received from branches not visited
Branch Audit ReportsWhether branch office audit reports by other auditors were forwarded to the principal auditor and how they were dealt with
Agreement with BooksWhether the BS and P&L are in agreement with the books of account

> Items (iii) and (iv) above — if answered negatively — require reasons in the audit report.

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### Special Audit of MSCS

Trigger conditions (any one of the following):

1. Affairs not managed in accordance with prudent commercial practices or cooperative/sound business principles.

2. Managed in a way that would cause injury to the interest of trade, industry, or business.

3. Financial position is such as would endanger its insolvency.

Process:

  • CG may at any time by order direct that a special audit be conducted for specified period(s).
  • CG may appoint a CA or the existing auditor of the MSCS.
  • CG shall order special audit only if the government or State Government(s) together hold 51% or more of the paid-up share capital.
  • Special auditor has the same powers and duties as the regular auditor.
  • Special auditor reports to the Central Government (not to members).
  • Expenses of special audit are determined by CG and paid by the MSCS.

Action by CG after receipt of special audit report:

  • CG may take action on receipt of the report.
  • If CG does not take action within 4 months, it must:
  • Send a copy of (or relevant extracts from) the report with its comments to the MSCS, and
  • Require the MSCS to circulate it to members OR have it read before the next general meeting.

Worked example

### Example 1

Q: Who can be appointed as auditor of a Multi-State Cooperative Society and who cannot?

Only a Chartered Accountant under the CA Act, 1949 can be appointed. The following CANNOT be appointed: (1) a body corporate; (2) an officer or employee of the MSCS; (3) a member of the MSCS or someone employed by an officer/employee of the MSCS; (4) a person indebted to the MSCS or who has provided guarantee/security exceeding Rs. 1,000. If any disqualification arises after appointment, the auditor is deemed to have vacated office.

### Example 2

Q: What are the mandatory inquiries under Section 73(2) of the MSCS Act?

The auditor must inquire into: (1) whether secured loans/advances are properly secured and terms are not prejudicial to the MSCS; (2) whether mere book entries are not prejudicial to the MSCS; (3) whether personal expenses have been charged to revenue account; (4) whether shares allotted for cash were actually paid in cash, and if not, whether the books and Balance Sheet present a correct and non-misleading position.

### Example 3

Q: When can the Central Government order a special audit of an MSCS?

CG can order a special audit when: (1) affairs are not managed per prudent commercial/cooperative practices, (2) management could cause injury to trade/industry/business, or (3) the financial position may lead to insolvency. However, CG can only ORDER the special audit if the government or State Government(s) together hold 51% or more of the paid-up capital. The special auditor reports to the CG (not members). If CG takes no action within 4 months, it must send the report to the MSCS for circulation to members or reading at the next general meeting.

⚠️ Common exam mistakes

  • Stating that diploma holders can audit MSCS — only CAs qualify for MSCS, unlike regular cooperative societies.
  • Forgetting the Rs. 1,000 threshold for debtor/guarantor disqualification — it is NOT a blanket disqualification; only amounts EXCEEDING Rs. 1,000 trigger it.
  • Saying the special auditor reports to members — the special auditor reports to the CENTRAL GOVERNMENT.
  • Missing the 51% share capital condition for ordering special audit — CG cannot order special audit unless government holds ≥51% of paid-up capital.
  • Stating the 4-month inaction period leads to no action — after 4 months of no action, CG MUST send the report to the MSCS for member circulation.
  • Confusing who appoints the first vs. subsequent auditor — Board appoints first auditor (within 1 month of registration); AGM appoints subsequent auditors.
Bare-Act text Section 73(2) · Multi-State Cooperative Societies Act, 2002 · click to expand
The auditor shall make the following inquiries: whether loans and advances on the basis of security are properly secured and whether the terms on which they have been granted are not prejudicial to the interest of the multi-state cooperative society; whether transactions which are merely represented as book entries are not prejudicial to the interest of the multi-state cooperative society; whether personal expenses have been charged to revenue account; if shares have been allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash has been so received, whether the position as stated in the account books and the balance sheet is correct, regular and not misleading.
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