General Circular No. 30A/2011

General Circular No. 30A/2011 No 02/02/2011-CL.V Government of India Ministry of Corporate Affairs 51h floor, A Wing; Shastri Bhawan; Dr. Rajendra Prasad Road, New Delhi Dated: 26.05.2011 All the Regional Directors, AIl the Registrar of Companies Sublect Clartflcation regardlng Body Corporate' tor the purpose of section 226(3)a) of the Companles Act, 1956. Sir, The Ministry of Corporate Affairs has received representation from the Institute of Chartered Accountants of India wherein they have stated that under section 226(3)(a) of the Companies Act,1956 a body corporate is disqualified from appointment as auditor by a company. Since LLP is a body corporate as per section 31) of the Limited Liability Partnership Act, 2008, LLP among Chartered Accountants will not be qualified for appointment as auditor under section 226(3) (a) of the Companies Act, 1956. 2_ It is hereby clarified that Limited Liability Partnership of chartered accountants will not be treated as body corporate for the limited purpose of Section 226/3)(a) of the Companies Act, 1956 and notification in this respect has been sent for publication in the Gazette of India (copy enclosed): Yours faithfully, Llls (Kamna Sharmal Assistant Director Copy to: All concerned. Nothcalim neued Mote So. (V . I1$2(E) dalo 2 3- $ 20 /) (boby trcloed ) . [TO BE PUBLISHED IN THE GAZETTE OF INDIA PART II, SECTION 3, SUB SECTION (ii), EXTRAORDINARY] GOVERNMENT OF INDIA Ministry of Corporate Affairs Notification New Delhi the 23.65 2011 S.O. (E): In exercise of the powers conferred by clause (c) of sub-section (7) of section 2 of the Companies Act; 1956 (1 of 1956), the Central Government hereby specifies; for the purpose of the said clause, the Limited Liability Partnership, a body corporate, incorporated under clause (1) of sec

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