Efficacy of Concurrent Audit

RBI/2010-11/589 DBS. CO.FrMC.BC.No. 11/23.04.001/2010-11 June 30, 2011 The Chairmen & Chief Executive Officers of All Scheduled Commercial Banks (excluding RRBs) and All India Select Financial Institutions Dear Sir, Efficacy of Concurrent Audit 1. A study of large value frauds, including frauds under housing loan segment, reported by banks to Reserve Bank of India was undertaken to understand the gaps in the control mechanism which contributed to perpetration of those frauds particularly when the branches were also under concurrent audit. It was observed that large number of frauds were perpetrated on account of submission of forged documents by the borrowers which had been certified by professionals’ ie valuers/advocates/chartered accountants. 2. The reason for failure on the part of concurrent auditors may be attributed to the new/innovative/complex nature of financial products or transactions. Further, banks have assigned audit responsibility to their own staff without ensuring that they are suitably trained to undertake the audit responsibility. 3. In order to contain the frauds, the banks may put in place a system wherein the concurrent audit would look into the following and report on the following aspects: Wherever documents of title are submitted as security for loans, there should be a system where documents of title are subject to verification regarding their genuineness, especially for large value loans. In case of loan against the security of land, the banks may also seek reports from the local revenue authorities regarding the title deeds before sanction of loan. Wherever a Chartered Accountant certificate, property valuation certificate, legal certificate, guarantee/line of credit or any other third party certification is submitted by the borrower, the bank should independently verify the authenticity of such certification by directly communicating with the concerned authority issuing the certificate; indirect confirmation may also be resorted to, ie. indicating to the issuer that in case there is no response by a certain deadline, it would be assumed that the certificate is genuine. Aspects such as internal discipline, staff rotation, checks and balances, etc. should be ensured by the bank. In cases where it is established that the certification given by a chartered accountant, lawyer, registered property valuer or such third party is wrong, IBA should put in place a process to issue a ‘Caution List’ regarding  the certifier to all banks. In this connection, banks may ensure compliance to our circular DBS.CO.FrMC.BC.3 /23.04.001/2008-09 dated March 16, 2009 in the matter. 4. Please acknowledge receipt. Yours faithfully, (A.Madasamy) Chief General Manager

Cost Records

Companies (Cost Accounting Records) Rules, 2011

Application –

(1)    These rules shall apply to every company, including a foreign company as defined under section 591 of the Act, which is engaged in the production, processing, manufacturing, or mining activities and wherein, the aggregate value of net worth as on the last date of the immediately preceding financial year exceeds five crores of rupees; or wherein the aggregate value of the turnover made by the company from sale or supply of all products or activities during the immediately preceding financial year exceeds twenty crores of rupees; or wherein the company’s equity or debt securities are listed or are in the process of listing on any stock exchange, whether in India or outside India.

(2)    Provided that these rules shall not apply to a company which is a body corporate governed by any special Act;

(3)    Provided further that these rules shall not apply to the activities or products covered in any of the following rules,-

a.   Cost Accounting Records (Bulk Drugs) Rules, 1974

b.   Cost Accounting Records (Formulations) Rules, 1988

c.   Cost Accounting Records (Fertilizers) Rules, 1993

d.  Cost Accounting Records (Sugar) Rules, 1997

e.  Cost Accounting Records (Industrial Alcohol) Rules, 1997

f.   Cost Accounting Records (Electricity Industry) Rules, 2001

g. Cost Accounting Records (Petroleum Industry) Rules, 2002

h. Cost Accounting Records (Telecommunications) Rules, 2002

Maintenance of records –

(1) Every company to which these rules apply, including all units and branches thereof shall, in respect of each of its financial year commencing on or after the 1st day of April, 2011, keep cost records.

(2) The cost records referred to in sub-rule (1) shall be kept on regular basis in such manner so as to make it possible to calculate per unit cost of production or cost of operations, cost of sales and margin for each of its products and activities for every financial year on monthly/quarterly/half-yearly/annual basis.

(3) The cost records shall be maintained in accordance with the generally accepted cost accounting principles and cost accounting standards issued by the Institute; to the extent these are found to be relevant and applicable. The variations, if any, shall be clearly indicated and explained.

(4) The cost records shall be maintained in such manner so as to enable the company to exercise, as far as possible, control over the various operations and costs with a view to achieve optimum economies in utilization of resources. These records shall also provide necessary data which is required to be furnished under these rules.

(5) All such cost records and cost statements, maintained under these rules shall be reconciled with the audited financial statements for the financial year specifically indicating expenses or incomes not considered in the cost records or statements so as to ensure accuracy and to reconcile the profit of all product groups with the overall profit of the company. The variations, if any, shall be clearly indicated and explained.

(6) All such cost records, cost statements and reconciliation statements, maintained under these rules, relating to a period of not less than eight financial years immediately preceding a financial year or where the company had been in existence for a period less than eight years, in respect of all the preceding years shall be kept in good order.

(7) It shall be the duty of every person, referred to in sub-section (6) and (7) of section 209 of the Companies Act, 1956 (1 of 1956), to take all reasonable steps to secure compliance by the company with the provisions of these rules in the same manner as he is liable to maintain accounts required under sub-section (1) of section 209 of the said Act.

Time limit for submission of Compliance Report –

Every company shall submit the compliance report referred to in rule 5 to the Central Government within one hundred and eighty days from the close of the company’s financial year to which the compliance report relates.  

Authentication of Annexure to the Compliance Report –

The Annexure prescribed with the compliance report, as certified by the cost accountant, shall be approved by the Board of Directors before submitting the same to the Central Government by the company.

Penalties –

(1) If default is made by the cost accountant in complying with the provisions of these rules, he shall be punishable with fine, which may extend to five thousand rupees.

(2) If a company contravenes any provisions of these rules, the company and every officer thereof who is in default, including the persons referred to in sub-section (6) of section 209 of the Act, shall be punishable as provided under sub-section (2) of section 642 read with sub-sections (5) and (7) of section 209 of Companies Act, 1956 (1 of 1956).

XBRL Notice

The Ministry of Corporate Affairs vide Circular No. 37/2011 dated 07/06/2011 has mandated, the filing of Balance Sheets and Profit and Loss Accounts along with the Director's and the Auditor's Report for the Financial Year 2010-11 onwards using XBRL in respect of:-

1. All Companies listed in India and their Indian Subsidiaries.
2. All Companies having a paid up capital of Rs. 5 Crores and above.
3. All Companies having a turnover of Rs. 100 Crores and above.

Banking, Insurance, Power and Non Banking Financial Companies (NBFCs) are presently excluded for XBRL filings.