Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

CARO 2020 – Clauses 10 & 11: Issue Proceeds (IPO/FPO/Private Placement) and Fraud

## CARO 2020 – Clauses 10 & 11

---

### Clause 10: Issue Proceeds

This clause covers two types of fund-raising:

#### Part A: IPO / FPO

  • Whether money raised by Initial Public Offer (IPO) or Further Public Offer (FPO) was used for the same purpose it was obtained for
  • If not: report details of deviation, delays or default, and any subsequent rectification

#### Part B: Preferential Allotment / Private Placement

  • Whether the company made preferential allotment or private placement of shares or convertible debentures during the year
  • If yes: whether requirements of Sections 42 and 62 of the Companies Act have been complied with
  • Whether funds have been used for the purpose for which they were raised

> Section 42: Private placement of securities

> Section 62: Further issue of share capital

---

### Clause 11: Fraud

#### Part A: Fraud Noticed or Reported

  • Whether any fraud by the company or fraud on the company has been noticed or reported during the year
  • If yes: nature and amount of fraud

#### Part B: Reporting under Section 143(12) — Form ADT-4

  • Whether any report under Section 143(12) has been filed by the auditor in Form ADT-4

> Section 143(12): Mandates auditors to report fraud to the Central Government (through the Audit Bureau/MCA) when they have reason to believe a fraud is being committed.

#### Part C: Whistle-Blower Complaints

  • Whether the auditor has considered whistle-blower complaints received during the year by the company

---

### Fraud Reporting Framework

Amount of FraudAction Required
≥ ₹1 croreReport to Central Government (MCA) via Form ADT-4 under Sec 143(12)
< ₹1 croreReport to the Board/Audit Committee

> This threshold was introduced by amendment — sub-₹1 crore frauds go to the Board, not Central Government.

Worked example

### Example 1

Stellar Ltd raised ₹30 crore through an IPO for setting up a new manufacturing plant. Of this, ₹8 crore was used to repay promoter loans and ₹5 crore was parked in fixed deposits. What do you report under CARO Clause 10?

Answer: Clause 10(Part A): IPO proceeds (₹30 crore) were not used for the stated purpose. Deviation: ₹8 crore used to repay promoter loans and ₹5 crore parked in FDs — total ₹13 crore diverted. Report the details, whether any rectification has been made, and whether there were delays in utilisation.

### Example 2

During the audit of Radiant Ltd, the auditor discovers that a senior employee had embezzled ₹1.5 crore over two years. The Board was informed but no report was filed with MCA. What are the auditor's obligations under CARO Clause 11?

Answer: Clause 11(a): Report fraud on the company — nature (embezzlement by employee) and amount (₹1.5 crore). Clause 11(b): Since the fraud is ≥ ₹1 crore, the auditor was required to file a report under Section 143(12) in Form ADT-4 with the Central Government. Since it was not filed, the auditor must now report this non-compliance. The auditor should also consider whether whistle-blower complaints were received and considered.

⚠️ Common exam mistakes

  • Answering Clause 11 with only Part A (fraud noticed/reported) and missing Part B (Form ADT-4 filing under Section 143(12)) and Part C (whistle-blower complaints).
  • Confusing 'fraud by the company' (the company itself committing fraud, e.g., on customers or the government) with 'fraud on the company' (employees/third parties defrauding the company).
  • Not knowing the ₹1 crore threshold — sub-₹1 crore frauds go to the Board/Audit Committee, not the Central Government via ADT-4.
  • Missing Clause 10 Part B (preferential allotment/private placement compliance with Sections 42 and 62) when answering only about IPO/FPO.
  • Forgetting that Clause 10 requires reporting on BOTH whether legal requirements were met AND whether funds were used for stated purposes.
Reference: CARO Clauses 3(x) and 3(xi); Companies Act Sections 42, 62, 143(12) — Companies (Auditor's Report) Order, 2020; Companies Act, 2013
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic