Page 340 - CA Final PARAM Digital Book.
P. 340

•  Using the work of Experts:
                              He should also consider whether assistance of other experts like engineers, lawyers, etc., is
                              necessary in the interest of a comprehensive and full proof examination of the documents
                              and information.

                          •  Legal requirements and investigation Report:
                              Only after he has completed the steps in the investigation programme and has marshalled all
                              the information that he needed should he prepare his report. He, however, can also make
                              interim report. The findings should be completed and exhaustive. Before he makes his final
                              report he should obtain and keep on record the evidences relied upon by him. By the nature
                              of things, such evidence should be as conclusive as possible depending on circumstances of
                              the case. He should make his report in accordance with the provisions of the Companies Act,
                              2013.
                              The general approach for investigations under Sections 210 and 213 should, therefore, be
                              formulated having regard to the terms of reference, scope, the period, the programme and
                              procedure of the investigation and the attending legal requirements specified above.

                 Investigation of Borrower        Old Course- (M12R, M13R, N15R, PM17, SM17, M18M, M18E, N18R,
          QNO    TITANIUM CNO – INTG.120                                                         M20R, SM21)
          643.000
                                                                                           New Course-- (SM23)
                 A nationalised bank received an application from an export company seeking sanction of a term loan to
                 expand the existing sea food processing plant. In this connection, the General Manager, who is in charge
                 of Advances, approaches you to conduct a thorough investigation of this limited company and submit a
                 confidential report based on which he will decide whether to sanction this loan or not. Decide the points
                 you will cover in your investigation before submitting your report to the General Manager.
          Answer     ➢  Purpose: -
                            •  Reason for obtaining the loan

                            •  Determining of sources of repayment.
                            •  Availability of security, if borrower fails to repay.

                     ➢  Collection of Information: -
                        Investigator is required to collect the information with respect to;
                            •  The  financial  standing  and  reputation  for  business  integrity  enjoyed  by  directors  and
                                officers of the company.
                            •  History of growth and development of the company and its performance during the past
                                5 years.

                            •  Authorization under Memorandum or the Articles of Association to borrow money for the
                                purpose for which the loan will be used.

                            •  The purpose for which the loan is required.
                            •  Manner in which the borrower proposes to invest the amount of the loan.

                            •  Schedule of repayment of loan submitted by the borrower, particularly the assumptions
                                made therein as regards amounts of profits that will be earned in cash and the amount of
                                cash that would be available for the repayment of loan to confirm that they are reasonable
                                and valid in the circumstances of the case.
                     ➢  Examination of Financial Statements: -
                            •  From  the  Statement  of  Profit  and  Loss  for  the  previous  five  years,  showing  separately
                                therein various items of income and expenses, the amounts of gross and net profits earned,
                                and taxes paid annually during each of the five years.
                            •  The purpose is to ascertain strengths of profitability
                     ➢  Computation of relevant Ratios: -
                            •  Equity to Fixed Assets.


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