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Overview of Auditing System under the Indian Company Law

  • DONG-A LAW REVIEW
  • 2012, (54), pp.603-630
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Chung Young Sang 1

1동국대학교

Accredited

ABSTRACT

In this paper the purpose of study is to provide comprehensive understanding of the Indian company law as trade and investment of Korea-India has greatly increased. A legislative foundation for the advancement of the corporate laws of both nations through comparatively reviewing the corporate legislation between India and Korea in respect of auditing system may be laid. In order to achieve the purpose of this study, a deep study was made as follows. India, status of India’s economic progress and evolutionary economic exchanges between Korea and India are surveyed. Legal environmental basis and regional basis for the study of audit system under the Indian company law are analyzed and summarized. The types of corporate entities and the characteristics of the Indian company law that was enacted under the influence of the British law are briefly introduced and then corporate governance structure of company is summarized. The auditing system of both countries are comparatively reviewed according to the history, status, qualification, election and removal, term of office, prohibition of concurrently assuming offices, duty and authority, liability, remuneration of auditor, and establishment, personnel organization of audit committee stipulated under the Indian company law may be reviewed comprehensively. and then the legislative problems are comparatively analyzed. After the results of this study are comprehensively summarized, legal problems of both countries are analyzed, and then legislative recommendations are proposed. There are significant differences between the Korean corporate law and the Indian company law because the Indian company law was influenced by the British company law in terms of exercise methods or status, authority, quorum of auditor and audit committee. However, according to the trend of international unification of corporate laws, both corporate laws will gradually become unified, and in this process the advantages of both corporate laws would be utilized as mutual legislative materials.

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