Applicability NFRA as per Companies Act 2013

NFRA as per Companies Act 2013: Once upon a time in the vibrant land of India, businesses of all sizes bustled with activity. Among these businesses were companies that followed a set of rules laid down by the kingdom’s supreme book of business laws, the Companies Act of 2013. One day, the wise rulers of the land decided that to ensure these companies conducted their financial affairs with utmost transparency and integrity, they needed a new guardian. Thus, the National Financial Reporting Authority (NFRA) was born.

The Birth of NFRA: NFRA-2 e-Form live since 9th December 2019.

The creation of NFRA was a significant chapter in the kingdom’s story of corporate governance. Envisioned under Section 132 of the Companies Act, 2013, NFRA was established to oversee and regulate the financial reporting of certain public interest entities. This new guardian was tasked with ensuring that these entities adhered to high standards of financial reporting and auditing, thereby fostering trust among investors and stakeholders.

NFRA’s Grand Mandate

NFRA’s mission was clear and expansive. Its responsibilities included:

1. Regulating Auditing Standards: NFRA was to make recommendations to the central government on the formulation and laying down of accounting and auditing policies and standards.
2. Oversight of Auditors: The authority had the power to monitor and enforce compliance with accounting and auditing standards by companies and their auditors.
3. Quality Control: NFRA was to oversee the quality of service of the professions associated with ensuring compliance, such as auditors and accounting firms.
4. Disciplinary Action: In cases where non-compliance or professional misconduct was detected, NFRA had the authority to impose penalties and take disciplinary action against the erring entities.

The Entities Under NFRA’s Watchful Eye

NFRA’s jurisdiction was vast, covering a range of entities:

1. Listed Companies: All companies whose securities were listed on any stock exchange in India or abroad.
2. Unlisted Public Companies: Companies meeting specific criteria related to paid-up capital, turnover, and outstanding loans, debentures, or deposits. The thresholds were:
   • Paid-up capital of not less than Rs. 500 crores.
   • Annual turnover of not less than Rs. 1,000 crores.
   • Outstanding loans, debentures, and deposits of not less than Rs. 500 crores as of any financial year’s end.
3. Other Entities: The central government could also specify other companies or body corporates to be regulated by NFRA.

The Guardians of Transparency: NFRA in Action

NFRA’s establishment marked the beginning of a new era. The authority’s vigilant eyes ensured that companies adhered strictly to accounting standards. This scrutiny extended to the auditors, who were now held to the highest standards of professional conduct. Through rigorous inspections and audits, NFRA identified discrepancies and took corrective actions, thereby maintaining the sanctity of financial reporting.

For instance, in one notable case, NFRA inspected a prominent company’s financial statements. The authority discovered that the company’s auditors had overlooked significant irregularities in the accounting records. Swiftly, NFRA imposed penalties on the errant auditors and mandated a re-audit of the company’s financial statements, ensuring the truth was revealed.

Impact on the Kingdom’s Business Realm

The establishment of NFRA had far-reaching effects on the business environment. Knowing that a vigilant guardian was watching, companies became more diligent in their financial reporting. Auditors, aware of the stringent oversight, improved their practices to meet the highest standards of integrity and accuracy. Investors and stakeholders, gaining confidence in the reliability of financial statements, found renewed trust in the kingdom’s corporate sector.

National Financial Reporting Authority (NFRA)- The Real Hearo Born

Once upon a time, in a bustling city filled with corporate giants and financial institutions, the need for transparency and accountability became a pressing concern. The Central Government realized that the existing auditing practices were not up to par, and there was a dire need to improve the quality of audits. This realization led to the birth of a new institution called the National Financial Reporting Authority (NFRA).

As the name suggests, the NFRA was entrusted with overseeing financial reporting and ensuring that accounting and auditing standards were upheld according to the Companies Act of 2013. With its establishment, the government aimed to bring about a higher level of transparency and accuracy in financial reporting, which would ultimately bolster investor confidence and strengthen the nation’s economy.

The NFRA, composed of industry experts and professionals with a deep understanding of accounting and auditing practices, set out to transform the landscape of financial reporting. Through its divisions, carefully structured and tailored to address specific aspects of financial reporting, the NFRA planned to streamline processes, enhance compliance, and enforce stringent standards. One division was dedicated to setting and revising accounting standards, ensuring that they were in line with international best practices and tailored to suit the unique needs of the Indian business environment.

This division would meticulously analyze emerging trends, consult with stakeholders, and propose amendments to existing standards, all with the aim of raising the bar for financial reporting. Another division focused on auditing standards, recognizing the critical role auditors played in safeguarding the integrity of financial information. This division would work closely with auditing firms, providing guidance, conducting inspections, and imposing penalties when necessary to ensure auditors adhered to the highest ethical and professional standards. Additionally, the NFRA boasted divisions that would handle investigations and disciplinary proceedings.

These divisions would be responsible for probing allegations of misconduct and malpractice, taking appropriate action against those found guilty, and safeguarding the interests of stakeholders. The establishment of the NFRA brought about a renewed sense of trust and confidence in the financial sector. Companies could now be held accountable for their financial reporting, auditors were under increased scrutiny, and investors could make informed decisions based on accurate and reliable information. As the NFRA began its journey, it faced numerous challenges and obstacles along the way.

However, its unwavering commitment to enhancing the quality of audits and promoting transparency propelled it forward. With each passing year, the NFRA continued to refine its processes, adapt to the ever-evolving financial landscape, and solidify its position as a beacon of trust and integrity in the realm of financial reporting.

And so, the National Financial Reporting Authority became a symbol of excellence, a driving force behind the transformation of financial practices, and a guardian of the nation’s economic well-being. Its existence served as a constant reminder that transparency and accountability were not mere buzzwords, but the foundation upon which a thriving economy was built.

Can you share a story illustrating NFRA’s impact?

The National Financial Reporting Authority (NFRA) was established in India in response to the Satyam scandal in 2009, with the aim of improving the transparency and reliability of financial statements and information presented by listed companies and large unlisted companies

NFRA is an independent regulator for the auditing profession and has the authority to recommend accounting and auditing policies and standards, conduct investigations, and impose sanctions against defaulting auditors and audit firms

To illustrate NFRA’s impact, let’s consider a hypothetical scenario. Imagine a large listed company in India that has been consistently reporting inflated profits and misleading financial information. The company’s auditors have failed to detect these irregularities, leading to a loss of investor confidence and potential harm to stakeholders. In this situation, NFRA would investigate the company’s financial reporting practices.

Through its investigative powers, NFRA would scrutinize the company’s financial statements, audit reports, and other relevant documents to uncover any discrepancies or fraudulent activities. If the auditors are found to be negligent or complicit in the misrepresentation of financial information, NFRA has the authority to impose sanctions, such as monetary penalties and debarment from practice for up to 10 years

By taking decisive action against the auditors and holding them accountable for their misconduct, NFRA sends a strong message to the auditing profession and the business community. This helps to restore investor confidence, promote transparency, and ensure the accuracy and reliability of financial reporting in India.

In summary, NFRA’s impact can be seen in its role as an independent regulator that improves the transparency and reliability of financial statements and information presented by companies in India. Through its investigative powers and authority to impose sanctions, NFRA plays a crucial role in holding auditors accountable and maintaining the integrity of the auditing profession

Due Date for filing NFRA-2:

If you prepare the audit report and financial statements up to 31st March 2024, you must include these details in the NFRA-2 form filed by 30th November 2024, as it pertains to the previous financial year (2023-24).The current financial year’s audits (2024-25) will only be reported in the NFRA-2 filing due by 30th November 2025.

Supporting Circulars and References

• Companies Act, 2013 (Section 132):
  This section establishes NFRA’s authority to regulate and monitor auditors and audit firms, mandating compliance with the prescribed rules and returns.
• MCA Circular Dated 13th November 2018 (Notification of NFRA Rules):
  This clarifies that Rule 5 filings must occur annually and by the deadline of 30th November for the previous year.
• NFRA Guidance Notes (Frequently Issued by NFRA):
  These reiterate that the audit details for a financial year are reported in the NFRA-2 due by 30th November of the subsequent year.

4. Example Timeline

Conclusion: A Legacy of Trust and Integrity

As years passed, the tale of NFRA became a legend in the kingdom’s history. It was a story of how a nation, recognizing the importance of transparency and accountability, created a guardian to protect its financial integrity. NFRA’s unwavering commitment to its mandate ensured that the kingdom’s corporate sector thrived on a foundation of trust and integrity, fostering an environment where businesses could grow and prosper with the confidence of all who invested in them.

And so, the National Financial Reporting Authority continued its noble quest, upholding the principles of good governance and financial transparency for generations to come.