Page 301 - CA Final PARAM Digital Book.
P. 301

India. The Statutory Auditor of the company is required to give a report to the Board of Directors. What
                  shall be the content of the Auditor’s Report to the Board.
          Answer      ➢  Matters to be Included
                         Material to be included in the Auditor’s report to the Board of Directors: The auditor’s report on
                         the  accounts  of  a  non-banking  financial  company  shall  include  a  statement  on  the  following
                         matters, namely.
                     All NBFCs
                             •  In the case of all Non-Banking Financial Companies
                                 (COR)
                                    •  Conducting  Non-Banking  Financial  Activity  without  a  valid  Certificate  of
                                        Registration (CoR) granted by the Bank is an offence under chapter V of the RBI
                                        Act, 1934. Therefore, if the company is engaged in the business of non-banking
                                        financial institution as defined in section 45-I (a) of the RBI Act and meeting the
                                        Principal Business Criteria (Financial asset/income pattern) as laid down vide the
                                        Bank’s press release dated April 08, 1999, and directions issued by DNBR, auditor
                                        shall  examine  whether  the  company  has  obtained  a  Certificate  of  Registration
                                        (CoR) from the Bank.
                                 (Principal Business Test)
                                    •  In case of a company holding CoR issued by the Bank, whether that company is
                                        entitled to continue to hold such CoR in terms of its Principal Business Criteria
                                        (Financial asset/income pattern) as on March 31 of the applicable year.
                                 (Net Owned Fund)
                                    •  3.  Whether  the  non-banking  financial  company  is  meeting  the  required  net
                                        owned fund requirement as laid down in Master Direction Non-Banking Financial
                                        Company  Non-Systemically  Important  Non-Deposit  taking  Company  (Reserve
                                        Bank)  Directions,  2016  and  Master  Direction  Non-Banking  Financial  Company
                                        Systemically Important Non-Deposit taking Company and Deposit taking Company
                                        (Reserve Bank) Directions, 2016.
                                        Systematically Important if Asset Size above 500 Crore
                                        Non-Systematically Important & Non-Deposit taking NBFC (ND-NBFC)
                                        Systematically Important & Not Deposit taking NBFC (SI-ND-NBFC)
                                        Systematically Important & Deposit taking NBFC (SI-D-NBFC)
                                 (Certificate from Statutory Auditor)
                                    •  Note:  Every  non-banking  financial  company  shall  submit  a  Certificate  from  its
                                        Statutory  Auditor  that  it  is  engaged  in  the  business  of  non-banking  financial
                                        institution requiring it to hold a Certificate of Registration under Section 45-A of
                                        the RBI Act and is eligible to hold it. A certificate from the Statutory Auditor in this
                                        regard with reference to the position of the company as at end of the financial
                                                             st
                                        year  ended  March  31   may  be  submitted  to  the  Regional  Office  of  the
                                        Department  of  Non-Banking  Supervision  under  whose  jurisdiction  the  non-
                                        banking  financial  company  is  registered,  within  one  month  from  the  date  of
                                                                                                          th
                                        finalization of the balance sheet and in any case not later than December 30  of
                                        that year. The format of Statutory Auditor’s Certificate (SAC) to be submitted by
                                        NBFCs has been issued by RBI.

                     NBFCs holding Deposits
                             •  In the case of a non-banking financial companies accepting/holding public deposits Apart
                                 from the matters enumerated in (A) above, the auditor shall include a statement on the
                                 following matters, namely-

                                 (Regularization of Deposits)
                                    •  Whether the public deposits held by the company in excess of the quantum of
                                        such  deposits  permissible  to  it  under  the  provisions  of  Non-Banking  Financial
                                        Companies  Acceptance  of  Public  Deposits  (Reserve  Bank)  Directions,  2016  are
                                        regularized in the manner provided in the said Directions;


                                 (Rating)
          www.auditguru.in                                                  PARAM                                                            14.32 | P a g e
   296   297   298   299   300   301   302   303   304   305   306