Liability of auditors, Business Law and Ethics

Liability of auditors:

It would cover any act of negligence - any actionable wrong by an officer of a company which did not involve any misapplication of the assets of the company.  Moreover the object of this section of the Act is to enable the liquidator to recover any assets of the company improperly dealt with by any officer of the company, and must be interpreted bearing which object in mind.  It doubtless covers any breach of duty by an officer of the company in his capacity of officer resulting in any improper misapplication of the assets or property of the company........ It is the duty of an auditor to bring to bear on the work he has to perform such skill, care, and caution that a reasonably competent, careful, and cautious auditor would utilize.  What is reasonable skill there, care and caution must depend on the particular circumstances of every each case.  Hence an auditor is not bound to be a inspection man, or, as was said like, to approach his work by suspicion or with a foregone conclusion that there is something wrong.  He is a watchdog, but not a blood bound.  He is justified in trusting, so tried servants of the company in whom confidence is placed through the company.  He is entitled to assume so that they are honest, and so rely upon their representations, just provided there, he takes reasonable care.  Whether there is anything calculated to excite suspicion than he should probe it to the bottom; therefore in the absence of anything like, he is only bound to be reasonably careful and cautious.  It is not the duty of an auditor to take stock; he is not a stock expert:, hence there are many matters in respect of that like he must rely on the honesty and accuracy of others.  He does not guarantee the innovation of all frauds.....  The duties of auditors must not be too onerous to rendered.  Therefore their work is responsible and laborious there, and the remuneration to moderate.

Posted Date: 1/15/2013 2:34:42 AM | Location : United States







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