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Bank Auditor - Appointment, Remuneration & Reporting

# Bank Auditor: Appointment, Remuneration & Reporting

## Eligibility, Qualifications & Disqualifications

Same as applicable to a Company Auditor under the Companies Act, 2013.

## Appointment of Auditor

Type of BankAppointing AuthorityApproval Required
Banking CompanyAt Annual General Meeting (AGM) of shareholdersRBI approval required
Nationalised BankBank concerned, acting through its Board of Directors (BOD)RBI approval required
Regional Rural Banks (RRBs)Bank concernedApproval of Central Government (CG)

## Remuneration of Auditor

  • Banking Company: Fixed as per the Companies Act, 2013.
  • Nationalised Banks & SBI: Fixed by RBI in consultation with CG.

## Auditor's Report — Nationalised Bank

In the case of a nationalised bank, the auditor must report to the Central Government stating:

1. Whether, in his opinion, FS present a true and fair view of the affairs of the bank; whether the explanation/information called for has been given and is satisfactory.

2. Whether or not transactions of the bank have been made within the powers of that bank.

3. Whether or not returns received from branches have been found adequate for audit.

4. Any other matter which he considers should be brought to the notice of CG.

(The report of auditors of SBI is also to be made to CG, and is almost identical.)

## Long Form Audit Report (LFAR)

  • Besides the audit report, auditors also have to file the LFAR.
  • Matters to be dealt with in LFAR have been specified by RBI.
  • SCAs must submit LFAR to banks latest by 30th June every year.

## Reporting to RBI - Fraud-Related Reporting

RBI's Circular (on Committee for Legal Aspects of Bank Frauds, applicable to all scheduled commercial banks excluding RRBs) regarding the liability of the accounting and auditing profession provides:

> "If the accounting professional, whether in course of internal or external audit, feels anything susceptible to be fraud, he should refer the matter to the regulator. Any deliberate (known) failure on part of the auditor should render himself liable for action."

SA 250 (Consideration of Laws and Regulations in an Audit of FS) further states that the duty of confidentiality is over-ridden by statute, law, or courts.

## Format of Audit Report — Important Disclosure

The auditor must ensure that:

  • Information relating to number of unaudited branches is given.
  • Quantification of advances, deposits, interest income and interest expense for such unaudited branches has been disclosed in the audit report.
  • CARO 2020 is NOT applicable to banks.

Worked example

### Example 1

Example — Appointment of Auditor:

XYZ Co-operative Bank is appointing its auditor. Who appoints and whose approval is needed?

Answer: For a banking company structure, the auditor is appointed at the AGM of shareholders, and RBI approval is required before the appointment is made.

### Example 2

Example — Fraud Detection:

During the audit of a nationalised bank, the auditor discovers that a branch manager appears to be sanctioning loans to fictitious entities.

Answer: Per the RBI circular and SA 250, the auditor must refer the matter to the regulator (RBI). Deliberate failure to do so attracts personal liability. The duty of confidentiality does not protect the auditor here — it is over-ridden by law.

⚠️ Common exam mistakes

  • Stating that CARO 2020 is applicable to banks — it is NOT.
  • Confusing the appointing authority — nationalised banks: BOD; banking companies: AGM of shareholders.
  • Forgetting LFAR's deadline of 30 June.
  • Believing the auditor's confidentiality protects them from reporting fraud — SA 250 over-rides it.
Bare-Act text Read with SA 250 'Consideration of Laws and Regulations in an Audit of Financial Statements' · Banking Regulation Act, 1949 / SA 250 · click to expand
Under the Banking Regulation Act, 1949 and Banking Companies (Acquisition and Transfer of Undertakings) Acts, the auditor of a nationalised bank shall report to the Central Government on the matters specified.
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