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ONE Person Company

FAQ – Regarding ONE Person Company

How to incorporate an OPC?
Name reservation: Form INC-1 shall be filed for name availability.
Incorporate OPC: After name approval, form INC-2 shall be filed for incorporation of the OPC within 60 days of filing form INC-1.
Form DIR-12 shall be filed along with (linked) form INC-2 except when promoter is the sole director of the OPC.
The company shall file form INC-22 within 30 days once form INC-2 is registered in case the address of correspondence and registered office address are not same.

How to inform RoC about change in membership of OPC?
The company shall file form INC-4 in case of cessation of member of OPC on account of death, incapacity to contract or change in ownership. In the same form, user needs to provide details of the new member of the OPC

Is there any threshold limits for an OPC to mandatorily get converted into either private or public company?
In case the paid up share capital of an OPC exceeds fifty lakh rupees or its average annual turnover exceeds during the relevant period exceeds two crore rupees, then the OPC has to mandatorily convert into private or public company.

How to intimate RoC that the OPC has exceeded the threshold limits and require conversion into private or public company?
The OPC shall inform RoC in form INC-5, if the threshold limits is exceeded and is required to be converted into private or public company.

What is the time limit for filing form INC-5?
Form INC-5 shall be filed within sixty days of exceeding threshold limits.

Is there any form that is to be filed for conversion of an OPC into private or public company? Is there any other purpose for filing this form?
Form INC-6 shall be filed by an OPC for conversion of an OPC into private or public company.
Yes, the private company will also file form INC-6 for converting itself into an OPC. The paid up share capital of private company should not be exceeding fifty lakh rupees and should not have average annual turnover more than two crore rupees at the time of such conversion into OPC. The company shall be having one member and shall appoint one nominee to act as member in case of death or incapacity of the member at the time of conversion into OPC.

What is the time limit for filing form INC-6?
Form INC-6 shall be filed within 30 days in case of voluntary conversion and within six months of mandatory conversion.

Who is eligible to act as a member of an OPC?
Only a natural person who is an Indian citizen and resident in India shall be eligible to act as a member and nominee of an OPC.
For the above purpose, the term “resident in India” means a person who has stayed in India for a period of not less than one hundred and eighty two days during the immediately preceding one financial year.

A person can be a member in how many OPCs?
A person can be member in only one OPC.

10 What if a member of an OPC becomes a member in another OPC by virtue of being a nominee in that other OPC?
Where a natural person, being member in One Person Company becomes a member in another OPC by virtue of his being a nominee in that OPC, then such person shall meet the eligibility criteria of being a member in only one OPC within a period of one hundred and eighty days, i.e., he/she shall withdraw his membership from either of the OPCs within one hundred and eighty days.

11 Which form is to be filed in case of withdrawal of consent by the nominee of an OPC or in case of intimation of change in nominee by the member?
Form INC-4 shall be filed in case of withdrawal of consent by the nominee or in case of intimation of change in nominee by the member.

 

Budget 2014

Budget 2014

 New Delhi: Bringing cheer to individual taxpayers, Finance Minister Arun Jaitley in his maiden Union Budget 2014-15 in Parliament on Thursday, raised personal tax exemption limit to Rs 2.5 lakh from the current Rs 2 lakh.

 Income tax exemption limit for senior citizens has been raised to Rs 3 lakh.

 The Investment limit under Section 80C has also been hiked to Rs 1.5 lakh from the current Rs 1 lakh, while the FM increased housing loan interest rate deduction limit to Rs 2 Lakh.
 In further relief to the depositors, the FM announced that the PPF (Public Provident Fund) deposit ceiling will be raised to Rs 1.5 lakh from the existing Rs 1 lakh.
 The FM also announced to raise FDI in Defence and Insurance sectors to 49 percent and said that the subsidy regime, particularly food and fuel, will be overhauled.
 Assuring investors that retrospective amendments to tax laws will be undertaken with extreme caution, Jaitley said all fresh cases arising out of the 2012 amendment of I-T Act will be looked into by a high-level CBDT committee.
 However, the existing tax disputes, arising out of Retrospective Amendment to the Income tax Act, 1961, and are pending in courts, will be allowed to reach their logical conclusions, he said.
 Stating that his predecessors have left a very daunting target of meeting the fiscal deficit, Jaitley said that the BJP government will take this as a challenge and meet the fiscal deficit target of 4.1 percent of GDP.
 Jaitley told Parliament that India`s 1.2 billion people were “exasperated” after two years of economic growth of below 5 percent.
 He vowed that Asia`s third largest economy would expand at a rate of 7-8 percent within three to four years.

Here are the key highlights of Union Budget 2014-15:

Taxation:
 Personal tax exemption limit raised to Rs 2.5 lakh from current Rs 2 lakh for taxpayers below 60 years
 Senior citizens’ tax exemption limit hiked from Rs 2.5 lakh to Rs 3 lakh
 No change in surcharge for corporates, individuals
 Education Cess to stay at current 3%
 Investment limit under Section 80C hiked to Rs 1.5 lakh from current Rs 1 lakh
 Exemption on housing loans interest on self-occupied property increased from Rs 1.5 lakh to 2 lakh

Other highlights:

 The people of India have decisively voted for change
 India unhesitatingly desires to grow
 We look forward to lower levels of inflation
 The country is no mood to suffer from unemployment, lack of infrastructure and apathetic governance
 The continuing slowdown in emerging economies has posed threat to global economic recovery
 Slow decision-making has led to slow growth
 Steps announced in the budget are aimed for sustained growth of 7-8% within the next three-four years
 It would not be wise to expect that the same can be done and must be done in the first budget being
 presented within the first 45 days of the new govt
 We will leave no stone unturned to create an vibrant and strong India
 Will lay down broad policy indicators in the budget

 We cannot spend beyond our means, we needs to follow fiscal prudence
 We cannot leave a legacy of debt for our future generations
 Considering we have 2 years of GDP growth and static industrial sector, the target of 4.1% fiscal deficit is dauntin
 I accept this target as a challenge
 Black money is curse on our economy
 We have to take bold steps to spur growth in economy. They are directional
 Govt committed to minimum government maximum governance
 Aim to make food and fuel subsidy more targeted so that it helps those who need them
 Urgent need to generate more resources for the economy
 This govt will not bring any change in tax rates retrospectively
 All retro taxes to be scrutinized by a high-level committee
 GST by end of the year (sets no firm deadline)
 To encourage development of smart cities; FDI cap on minimum built up area reduced
 Policy of NDA govt is to promote FDI in select sectors
 GST will streamline tax administration and result in higher tax collection for Centre and states
 FDI in defence sector to go up to 49%
 Greater autonomy to banks
 PSU 247,944 cr capex to create industrial cycle
 Smart cities: PM has vision of developing 100 new cities
 Rs 7,060 cr fund for smart cities
 Tourism: e-visas to be introduced at nine airports in the country in a phased manner
 Real estate investment trusts – modified REITS is being announced for infrastructure projects to reduce pressure on banking system
 Kisan Vikas Patra to be pushed further
 New scheme for skill development called Skill India to be launched
 Sanitation in every household by 2019
 Shyama Prassad Mukherjee Rozgar mission to be launched
 New scheme for agricultural irrigation
 Rs 500 cr for rural electrification
 Rs 200 cr for Sardar Vallabhbhai statue in Gujarat
 Rs 50000 cr for SC/ST schemes
 Social security: minimum pension of Rs 1000 per month for all subscribers of EPFO scheme
 National level institute for mental health to be set up
 Currency notes with braille like signs to help the blind
 Rs 150 cr on new scheme to improve safety of women in big cities
 ‘Beti bacahao, beti padahao’ scheme to be launched – Rs 100 cr allocation
 Gender main-streaming: School curriculum to have a chapter on the issue
 MNREGA will be made more productive; it will be linked to agriculture related activities
 Women SHGs bank loan scheme to be extended to other districts
 Rural housing scheme: allocation increased to Rs 8000 cr
 Watershed programme: New prog with outlay of Rs 2000 cr
 Backward region grant fund for 272 backward districts – BRGF will be restructured
 Rs 3600 cr for national rural drinking water programme
 Health for all: free drug and free diagnostic services
 Four more AIIMS to be set up in AP, WB, Vidharbha and Purvanchal – Rs 500 cr allocation
 12 more govt medical colleges to be added
 Aim to create an AIIMS in every state
 Govt to provide toilet and drinking water in all girl schools
 New teachers training scheme is being launched: Rs 500 cr allocated
 Rs 100 cr for virtual classrooms
 National Centre of Humanities would be set up in MP
 Five more IITs and five more IIMs to be set up
 Pan-India programme called Digital India would be launched – it will provide broadband connectivity to villages
 5 new IITs in Jammu, Chhattisgarh, Goa, AP & Kerala
 5 new IIMs in HP, Punjab, Bihar, Odisha & Maharashtra
 Program for upgradation of skills and ancient arts for the minorities
 Two more research institutes on farming to be set up in Assam and Jharkhand
 New agri univ in AP, Rajasthan
 Horticulture univ in Telangana and Haryana
 National rural and tech mission is proposed – Rs 500 cr allocated
 New plan to promote community radio – Rs 100 cr allocated
 Urban renewal to get Rs 50000 cr
 Urabn metro: govt will encourage metro system in PPP mode
 Rs 100 cr for Lucknow and Ahmedabad metro projects
 New mission for low cost affordable housing for urban poor – Rs 4000 cr allocated
 Easier flow of FDI is also being encouraged in this sector
 Rs 100 cr for modernisation of madrasas
 Slum development to be included in Corporate Social Responsibility activities
 Urban renewal will address drinking water, use of recycled water,solid waste management, digital connectivity; 500 habitats supported
 15 Model Rural Health Research centers to be set up for rural health issues
 Anti-poverty programmes will be targeted well
 New scheme to provide soil health card to each farmer- Rs 100 cr allocated
 Climate change is a reality which we have to face – national adaptation fund for climate change to be set up – Rs 100 allocated
 Finance to 5 lakh joint farming groups through NABARD
 Price stabilisation fund to be set up – Rs 500 cr allocated
 State govts to be encouraged to set up farmers’ markets in cities and town
 Rs 8 lakh crore target for agriculture credit
 3% tax subvention for farmers who pay up on time
 RIDF target raised to 30000 cr
 Warehousing: Rs 5000 cr allocated
 Set up long term rural credit fund to be started by NABARD
 Rs 5000 cr for STRC fund
 To set up 100 mobile soil testing labs across country
 See FY’14 growth at 4%
 Committed to restructuring FCI
 Kisan Television will be launched this year – this will provide real time info to farmers on farming techniques – Rs 100 cr allocated
 All the govt departments and ministries will be integrated through e-platform by 31 Dec this year
 Export proportion mission to be set up
 Committed to revive SEZs
 Effective steps to revilatise SEZs
 SMEs form the backbone of economy
 Most SMEs are owned and run by SC/STs and OBCs
 Committee to be set up to look at financing this sector
 National Industrial Corridor with headquarters in Pune will be set up. Rs 100 crores allotted
 Apprentice Act to be suitably amended to strengthen the Apprentice Training Scheme
 6 more textile clusters to be set up at Bareily, Lucknow, Kutch, Mysore, Bhagalpur and TN
 Hastkala academy to be set up in Delhi
 Pashmina production prog in J&K
 To set up 7 new Industrial Smart Cities
 Manufacturing units will be allowed to sell products through retail, e-commerce
 Trade facilitation centre to promote handloom work in Varanasi
 Ganga inland navigation – jal marg from Allahabad to Haldia at the cost of Rs 4200 cr
 New scheme to develop new airports in tier 2 and tier 3 cities
 Road sector needs huge investment
 NHAI and state highways get 37,000 cr which includes Rs 3000 cr for Northeast
 New expressways to be developed in parallel to the development on industrial corridors
 Rs 100 cr for new coal based power generation technology
 Big solar projects in Rajasthan, TN and Ladakh – Rs 400 cr allocated
 Current impasse in mining sector will be resolved expeditiously
 Royalty on mining will be reviewed as suggested by many state governments
 Capital markets: Need to strengthen regulatory framework
 Essential to have modern monetary policy framework, Govt to work with RBI on this
 Liberalise AGR-GDR scheme part
 Indian capital market to be energized by introduction of single KYC scheme
 Urgent need to converge Indian accounting standards with international ones
 Adherence to Indian accounting standards to be made mandatory by 2017
 Two bank accounts in each household for marginal sections
 Banks to be encouraged to give long term loans to industrial sector
 NPA is a cause of worry
 6 new debt recovery tribunals to be set up
 Insurance penetration is still very low
 Pending Insurance Amendment Bill to be taken up in Parliament
 Benefits of insurance have not reached larger section of people, will address in multi-pronged manner with stakeholders
 Provide all households with banking facilities to empower the weaker sections
 Committee will be set up to examine how unused money in postal schemes can be utilized
 Govt committed to providing 24×7 power supply to all homes
 Chit Fund and Money Circulation Act will be overhauled
 PPF ceiling upped from Rs 1 lakh to be Rs 1.5 lakh
 Small savings scheme to be revitalized
 Capital outlay of defence increased by Rs 5000 cr
 New war memorial will be constructed at Princess Park – Rs 100 cr allocated
 Small savings scheme to promote girl child, which will mature at the time of her marriage, higher education will be introduced
 Renewed effort to link rivers, Rs 100 cr for detailed study on it
 New scheme Namami Ganga for rejuvenation of River Ganga gets Rs 2,037 cr
 Rs 990 crore for development of villages along the border
 Rs 100 cr set aside for development of Technology Development Fund
 National Police Memorial to be allocated Rs 50 cr
 Allocation for defence Rs 2,29,000 crore
 Budget proposes National Housing Banking programme; sets aside Rs 8,000
 Rs 500 cr for five tourists circuits
 National sports academies to be set up in different parts of India
 Rs 200 cr for upgradation of stadiums in J&K
 Sports university to be set up in Manipur, Rs 100 allocated
 Rs 100 cr for training for forthcoming Asian and Commonwealth Games
 Young leaders prog for youth to be started, Rs 100 cr set aside
 Displaced Kashmiri migrants rehabilitation gets Rs 500 cr
 National Centre for Himalayan studies to be set up in Uttarakhand
 National institute for customs and central excise to be set up in Karnataka
 Development of rail system in Northeast get Rs 1000 cr over and above what has been provided in interim budget
 New 24×7 TV channel for Northeast
 Union govt to help Andhra and Telangana in reorganization
 Rs 200 cr for power reforms and Rs 500 cr for water reforms in Delhi
 Rs 150 cr for communication needs of Andaman and Nicobar Islands
 Rs 100 cr set aside for development of organic farming in Northeast region

Budget estimates:

 Non-plan expenditure at Rs 12,19,892 crore
 Non-tax revenue at Rs 2,12,544 crore
 Revenue deficit pegged at 2.9 percent of GDP
 Plan expenditure at over Rs 5.75 lakh crore
 Impact of tax changes have been factored
 60 more Ayakar Sewa Kendras to be set up in the country
 Income Tax Dept is expected to function not only as an enforcement dept but also as a facilitator
 Net effect of direct tax proposals is revenue loss of Rs 22,200 cr
 Long-term Capital Gains tax on MFs raised to 20% from 10%

Company Letter Head

Companies Account

Section 12(3)(c) of Companies Act 2013, which will be effective from 1.4.2014, provides that every company shall get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, bill heads, letter papers and in all its notices and other official publications. Pl ensure compliance.

Therefore, following details are required on Letter Head and Invoices.

Company Name

Registered Office

Company Identity NO (CIN)

Telephone No

Fax No

Email Address

Website Address (If any)

Advances checklist for LFAR

Advances checklist for LFAR

 In respect of common irregularities, the Auditors can give their comments borrower–wise in the LFAR in the format given hereunder:

Name of Borrower

Name of Branch

Region

IRAC Status

Facility

Sanctioning Authority

Limit

Amount o/s. as at the year end

Irregularity No.

1

2

3

4

5

6

7

8

9

  1. In respect of Column 9 above, “Irregularity No.”, the number as given in the

“Glossary to Irregularities” in Point 5, under the head “Item” below should be given for the irregularity applicable to respective borrower. In case the auditors feel that in spite of the list of irregularities given below, there are some other irregularities, which the auditor would like to bring to notice, the auditor may separately disclose under the given head by giving “appropriate number”

For the aforesaid purpose, “appropriate number” would mean, for example, if the auditors feels that in case of “Review/ Monitoring/ Supervision”, which has the number “4”, any additional irregularity has to be incorporated, he may give a number after the last number appearing in the list, such as “4.62”, and onwards. Similarly in case of “Credit Appraisal” which has the number “1”, any additional irregularity may be given “1.19”, and so on

  1. The borrower–wise details may be given in descending order based on the Amount outstanding
  2. Glossary to irregularities

SN

Remark

1

Credit Appraisal

1.1

Loan application not on record at Branch

1.2

The appraisal form was not filled up correctly and thereby the appraisal and assessment was not done properly

1.3

Loan application is not in the form prescribed by Head Office

1.4

The Bank did not receive certain necessary documents and Annexures required with the application form

1.5

Basic documents such as Memorandum & Articles of Association, Partnership deed, etc, which are a pre–requisite to determine the status of the borrower, not obtained

1.6

Certain adverse features of the borrower not incorporated in the appraisal note forwarded to the management

1.7

Industry/group exposure and past experience of the Bank is not dealt in the appraisal note sent to the management for sanction

1.8

The level for inventory/book–debts/creditors for finding out the working capital is not properly assessed

1.9

Techno–economic feasibility report, which is required to know the technical aspects of the borrower’s business, is not obtained from Technical Cell

1.10

Credit report on principal borrowers and confidential report from their banks are not insisted from the borrowers

1.11

The opinion reports of the associate and/or sister concerns of the borrower are not scrutinized

1.12

The opinion reports of the associate and/or sister concerns of the borrower are not called for

1.13

The opinion reports of the associate and/or sister concerns of the borrower are not updated

1.14

The opinion reports of the associate and/or sister concerns of the borrower are not satisfactory

1.15

The opinion reports of the associate and/ or sister concerns of the borrower are not scrutinised/ called for/ not updated/ not satisfactory

1.16

The procedure/instructions of head office regarding preparation of proposals for grant not followed

1.17

The procedure/instructions of head office regarding preparation of proposals for renewal of advances not followed

1.18

The procedure/instructions of head office regarding preparation of proposals for enhancement of limits, etc. not followed

1.19

No exposure limits are fixed for forward contract for foreign exchange sales/purchase transactions

2

Sanctioning and disbursement

2.1

Credit facility sanctioned beyond the delegated authority or limit of the branch

2.2

Certain proposals were sanctioned pending approval of higher authorities wherever required

2.3

Ad hoc limits were granted for which sanctions were pending since long

2.4

Facilities were disbursed before completion of documentation

2.5

Facilities were disbursed without following sanction terms

2.6

Facilities were disbursed without any sanction

2.7

Sanction letter was missing in the branch

2.8

Guarantor as required in the sanction letter was not obtained

2.9

Required promoters stake not invested before disbursement of loan

2.10

Sanctions were made without proper appraisal

2.11

Security charge not created before disbursement as required by sanction letter/renewed letter

2.12

Full disbursement of the facility not made

2.13

Sanction terms were not complied with or were not recorded

2.14

Disbursement made without proper sanction

2.15

Term loan was disbursed by creating the cash credit or savings account of the borrower

3

Documentation

3.1

The security against which the advance was sanctioned was not available/was not on record

3.2

Mortgage for the property given as security is not created

3.3

Mortgage for the property given as security created, was inadequate, as compared to terms of sanction

3.4

Second charge as required, on assets is not created in favour of the bank

3.5

Documents of second charge on assets is not on the record

3.6

Documents pertaining to registration of charges with ROC or any other concerned authority requiring charging of assets is not obtained

3.7

Copies evidencing lodgment of the original conveyance/sale deeds with the Sub–Registrars for registration not on record

3.8

Authority letter/Power of Attorney to the Bank to collect the original documents from the Sub–Registrar not on record

3.9

Documents pertaining to consortium advances not yet executed/not available with bank

3.10

Documents signed by persons not duly authorised to sign or who have signed in other capacity accepted by the bank

3.11

Signatures of the executants were not found on all the pages of the documents

3.12

Some documents on record were blank, without signatures of Branch Manager, witnesses, or guarantors, etc.

3.13

Revival letters in respect of documents to be reviewed from the borrowers not received

3.14

Guarantors have expired

3.15

Guarantors not on record

3.16

Guarantors not renewed

3.17

Guarantors not assigned

3.18

Worth of the guarantors not available

3.19

Stamping not as per the amended Stamps Act

3.20

Documents have become mutilated, soiled, time barred or not obtained

3.21

Opinion report by the field officer for the borrowers not found on record

3.22

“Nil Encumbrance Certificate/s” or “No Dues Certificate/s” or “No Lien Letters” not obtained for the mortgage/s

3.23

Advances for vehicle loans, Registration certificate, transfer certificate, etc. not obtained

3.24

Work completion certificate, sale deeds, share certificates in societies, etc. not on record for housing loans

3.25

Documents are not duly attested/signed by concerned officials/not renewed

3.26

The agreements for hypothecation do not contain details regarding goods hypothecated

3.27

Copy of Bills/receipts, on the basis of which the amount was disbursed not found on record. For example, Vehicle Loans, Plant & Machinery

Charge on main &/or collateral securities not created in terms of sanction letter

Original security papers/sale deed/lease deed/title deed/agreement of sale not available on record

3.30

TDR are not discharged or renewed

3.31

Control returns not sent to the HO

3.32

The branch has not taken any action for not compliance with terms of agreement

3.33

No documents executed for enhancement of limit/document not on record

3.34

ECGC Post shipment policy not obtained

3.35

Credit facility released without execution of all necessary documents

3.36

Common Seal not affixed on Letter of Comfort

3.37

Confirm orders for export credit not found on record for facilities released

4

Review/Monitoring/Supervision

4.1

The account is frequently overdrawn

4.2

The account is continuously overdrawn

4.3

The account is overdrawn and the branches have not taken sufficient steps to regularise the accounts promptly

4.4

The balance outstanding have exceeded the drawing power

4.5

Balance confirmation and acknowledgment of debt not obtained

4.6

The stock, book–debts statements not received regularly/promptly

4.7

The FFI/financial statements/audited statements/FFR 1 & 2/other operational data, etc, not received regularly/promptly

4.8

The stock, book–debts statements, etc, not scrutinised and no suitable action is taken

4.9

The FFI/financial statements/audited statements/FFR 1 & 2/other operational data, etc, not received regularly/promptly/not scrutinised and no suitable action is taken

4.10

Non–moving stock is not deducted to arrive at the drawing power

4.11

The age–wise break–up of debtors is not found on record. The borrowers are allowed to draw money on entire outstanding debt, which must rather be for the recent debts as prescribed for particular industries and as per margin prescribed in the sanction letter

4.12

Wide discrepancies observed in the stock statements and stock figures in the annual audited financial statements

4.13

No penal interest has been charged for delay in submission of various statements as per the terms of agreement depending upon the type of loan/credit availed by the borrower

4.14

Many branches have not adhered to prescribed frequency of physical verification of securities given against loans & advances

4.15

Drawing power limits are not revised as per market value of shares for advances against security of shares

4.16

End–use of funds not ensured/not known funds utilised for purpose other than for which granted

4.17

The projections submitted by the borrower stay far beyond the actual performance. Further, no explanation for the same is taken from the borrower

4.18

Major sale proceeds of the borrower not routed through the Bank

4.19

Audited statements of non–corporate borrowers having limit beyond Rs10 lakh not received

4.20

Renewal proposals of advances not received on time and in many cases the limits are not renewed

4.21

Application of wrong rate of interest, processing charges, commission, other charges, etc resulting in income leakage/excess booking of interest of the Bank

4.22

Insurance cover for stock/property is inadequate/not on record/not renewed/not endorsed in favour of the Bank

4.23

Inspection/physical verification of security charged, not been carried out

4.24

Expired bills/foreign currency sight bills which are outstanding, have not been crystallized

4.25

EBW statements on write–off of overdue export bills of ECM not found on record

4.26

Confirmation as to genuineness of export transactions not obtained from Bank’s foreign offices/correspondents/customs department

4.27

Import credit, bill of entry evidencing import of goods not found

4.28

Documents are not obtained for bills discounted under Letter of Credit

4.29

Advances eligible for whole turnover packing credit guarantee cover of ECGC, are not brought under its cover

4.30

Though government guaranteed accounts are irregular since long, the issue of invocation of guarantee does not seem to have been considered

4.31

Prescribed margins not maintained as per sanctions

4.32

Allocated limits, full terms of sanctions, stock statements, inspection reports, margin, etc. not available at monitoring branches

4.33

For allocated limits, inordinate delays were noticed in responding to transfer by the allocator branch

4.34

Regular meetings not held with other consortium members to review the performance of borrowers and to assess the current state of affairs/not been held as per norms

4.35

Individual members of consortium are not advised about quarterly operating limits/D. P. allocated to each of them

4.36

Minutes of the consortium meetings not found on record/not been held as per norms

4.37

Inspection report from the consortium members not obtained

4.38

The capital of the borrower has eroded/networth is negative/decreasing. Close monitoring needs to be done

4.39

Drawing power is calculated wrongly and/or hence borrower allowed to enjoy excess credit than actually eligible

4.40

Signboard of the bank is not displayed in godown, where the pledged/hypothecated stock is stored

4.41

Limit not fully utilised by borrower/No commitment charge is levied for limit not fully utilised by the borrower

4.42

Loan against TDR/STDR, which is matured, is neither renewed nor credited to loan account

4.43

The Stock and Debtors Audit Report not found on record. No audit has been done for accounts of the borrower

4.44

The valuation report in respect of tangible security from government approved valuer have not been obtained

4.45

Guarantees, Opinion Reports Financial statements, IT assessment orders and etc. of guarantor not found on record

4.46

Opinion report on guarantor is not obtained

4.47

For Small Government Sponsored loan accounts, security cover could not be ascertained since neither any record was available at branch nor physical verification conducted by the branch

4.48

Pre–sanctions and/or post–sanctions inspection reports were not on record

4.49

The account was overdue for repayment and/or no credit was received from the borrower for a long time

4.50

The borrower is absconding or deceased and legal formalities are incomplete and there is willful default from the borrower. Either establishment was closed or security was disposed of or no action taken by the branch

4.51

Subsidy claim process was incomplete or subsidy was yet to be received or needs follow–up

4.52

Security disposed of/Entity closed by borrower and no action taken by the branch

4.53

Irregularity not advised to controllers

4.54

Letter of subordination of deposits not taken

4.55

Secured and unsecured portion not segregated properly in advance return of the branch

4.56

Renewal of limits was done before the receipt of financial statements

4.57

Heavy cash withdrawal for which consent of corporate guarantor is not taken

4.58

Proper valuation of stock not done/needs critical scrutiny

4.59

Security obtained is inadequate/lower as compared to amount of outstanding/no collateral security

4.60

The party was dealing with other bank also though it was not permitted

4.61

Sticky accounts require close follow–up by the management

5

Bad and doubtful advances

5.1

The IRAC norms for classification of advances were not followed and the same is implemented through Memorandum of Changes by auditors during audit

5.2

Installments were not received from the borrowers

5.3

Interest was not received from the borrowers

5.4

Legal action for recovery of advances was not taken although authorised by the Board/Controlling Authority

5.5

Discontinuance of application of interest not followed although authorised by the Board/Controlling Authority

5.6

Government guarantees have expired and fresh guarantees not obtained/not renewed

5.7

Terms of the BIFR scheme not complied

5.8

Payment from government not received although guarantees were unconditional, irrevocable, payable on demand

5.90

Delays in the settlement/repayment in respect of sanctioned proposals

5.10

The repayment accepted in case of compromise cases inadequate vis–à–vis value of security

5.11

Compromise proposals pending at various levels where guarantors are local government/outside agencies

5.12

Copy of Search Report not on record

5.13

Decree awarded but no further steps taken for recovery

5.14

DI & CGC claims submitted/rejected/pending data not available

5.15

Irregular/ sticky advance not reported to the controlling authority promptly

5.16

Compromise/ OTS proposal is recommended and is under negotiation since long but not finalised. Suit is filed in the court/ DRT and pending to be finalized

5.17

ECGC claim not submitted/lodged for recovery

Management Representation Letter

(To be obtained on branch letter head)

Management Representation Letter

 To,

M/s ___________________,

Chartered Accountants,

_______________,

_______________,


Dear Sir(s),

Sub: Statutory Audit for the year ended March 31, 2014

This representation letter is provided in connection with your audit of the financial statements of _____________ branch of _______________ bank, for the year ended March 31, 2014, for the purpose of expressing an opinion as to whether the financial statements give a true and fair view of the state of affairs of ___________ branch of _______________ bank as of March 31, 2014, and of the results of operations for the year then ended. We acknowledge our responsibility for preparation of financial statements, in accordance with the financial reporting framework applicable to the Bank, including the regulatory requirements of the Reserve Bank of India.

We confirm to the best of our knowledge and belief, the following representations:

  1. Accounting Policies – The accounting policies, as approved by the board of directors of the Bank, have been duly followed. There are no changes in the accounting policies followed by the branch during the current year.
  2. Assets

2.1.      The All the assets owned by the bank and transferred to the branch and such other asset/s, as has/have been acquired by the branch, has/have been duly accounted for, and none of the assets is encumbered.

2.2.      The fixed assets held by Branch have been accounted at the Head Office and have been physically verified at the year end. No discrepancies have been noticed on such verification. Depreciation on these assets has been provided at Head Office as per the policy of the bank.

2.3.      In respect of assets other than fixed assets, the same do not have a value lower than realisable value.

2.4.      The branch is operating from a leased premise and there is no dispute with respect to the tenancy and lease charges.

3. Capital Commitments – At the balance sheet date, there were no outstanding commitments for capital expenditure other than those disclosed in the financial statements.

4. Cash and Bank Balances – The cash balances as on March 31, 2014 has been verified by us.

5. Liabilities – The branch has recorded all known liabilities in the financial statements.

6.Contingent Liabilities

6.1.      The branches has disclosed in the notes to the financial statements all;

(a)   Guarantees that we have given to third parties;

(b)   Letter of Credits (Local/Import);

(c)   Letter of Comfort (Local/Import);

(d)   Deferred Payment Credits/Guarantees (Local/Import); and

(e)   All other contingent liabilities.

6.2.      Other than for advances, there are no matters involving the branches in any claims in litigation, arbitration or other disputes in which there may be some financial implications, including for staff claim, branch rentals, municipal taxes, local levies, etc. except for those which have been appropriately included under contingent liabilities.

6.3.      Guarantees, if any are disclosed net of margins as at the year-end, and expired guarantee, if any where the claim year has also expired has been correctly removed from the branches return.

6.4.      None of the contingent liabilities disclosed in the notes are likely to result in a loss, requiring adjustment of assets or liabilities.

7. Provisions for Claims and Losses – Provision has been made in the accounts for all known losses and claims of material accounts.

8. Events after the Balance Sheet Date – There have been no events subsequent to the balance sheet date that require adjustments, or disclosure in, the financial statements or notes thereto.

9. Profit And Loss Account – Except as disclosed in the financial statements, the result for the year were materially affected by:

(a)     circumstances of an exceptional or non-recurring nature;

(b)     changes or credits of prior years;

(c)     changes in accounting policies.

10. Reports – We have made available to you all the following latest reports on the accounts of our branches, and compliance by the branches on the observations contained therein:

(a)     Previous year’s branch audit report;

(b)     Internal inspection reports;

(c)     Concurrent Audit Reports;

(d)     Migration Audit Reports;

(e)     Report on any other Inspection Audit that has been conducted during the course of the year relevant to the financial year 2013-14.

Apart from the above, the branches has not received any show cause notice, inspection advice, etc. from Government of India, Reserve Bank of India, or any other monitoring or regulatory authority of India that could have a material effect on the financial statements of the branch during the year.

11. Balancing of Books – The books of accounts are computerised and hence the subsidiary records are automatically balanced with the relevant control records. In the case of manual sub-ledgers maintained, we confirm that they duly match with the general ledger balances.

12. Overdue/Matured Term Deposits – All overdue/matured term deposits are held as overdue/matured term deposits. No provision of interest on overdue/matured Term Deposits has been made.

13. Advances – In respect of the Advances and income thereon, the income recognition and asset classification (IRAC) norms prescribed by the Reserve Bank of India have been complied with.

14. Outstanding in Suspense/ Sundry Account – The year-wise/ entry-wise break up of amounts outstanding in Sundry deposits/ sundry assets as on March 31, 2014 has already been submitted to you along with explanation of the nature of the amounts in brief and supporting evidence relating to existence of such amounts in the aforesaid accounts.

15. Interest Provisions

15.1.    Interest provision has been made on deposits, etc. except overdue/matured fixed deposits, in accordance with the extant instructions of the Head Office.

15.2.    The interest provision for Head Office Interest shall be made at the Head Office

16. Stationery – Stock of unused stationery like security papers, demand draft book, etc. have been produced for your physical verification and are in order.

17. Long Form Audit Report-Branch Response to the Questionnaire – In connection with the LFAR, complete information as regards each item in the questionnaire has been made available to you in order to enable you to verify the same for the purpose of your audit.

18. Other Certification – Duly authenticated, information as regards other matters which, as per the bank’s letter of appointment, require certification has been made available to you.

19. General – There is no enquiry going on or concluded during the year by CBI or any other vigilance or investigating agency on the branch or on its employees and no cases of frauds or of misappropriation of assets of the branches have come to the notice of the Management during the year other than for amounts for which provisions have already been made in the books of accounts.

  1. Provision for non-performing assets, depreciation, provision for income tax, provision for bonus, gratuity, service tax, etc., is made at Head Office. Therefore, the same has not been provided in the branch accounts.

  2. The financial statements are free of material misstatements, including omissions.

  3. The branch has complied with all aspects of contractual agreements that could compliance. There has been no non-compliance with requirements of regulating authorities that could have a material effect on the financial statements in the event of non-compliance.

  4. We have no plans or intentions that may materially affect the carrying value or classification of assets and liabilities reflected in the financial statements.

  5. The other particulars required have already been given to you and particulars and other representations made to you from time to time are true and correct in all respects.

25. Tax Audit for the year ended March 31, 2014 (Tax Audit in terms of Section 44AB of the Income Tax Act, 1961)

The information required for the tax audit under section 44AB of the Income Tax Act, 1961 for the year ended March 31, 2014 has been made available to you in order to enable you to verify the same for the purpose of your report thereon. We certify the following:

 PART – A

25.1.      Permanent Account No. of the bank is given in Form 3CD.

25.2.      The address as per the jurisdiction of the assessee falls under section 124 of the Income Tax Act, 1961 and given in Form 3CD.

25.3.      The status as defined under the Income tax Act, 1961 is Banking Company.

 PART – B

25.4.      There is no change in nature of business in current year as compared to preceding previous year.

25.5.      The books of accounts maintained by us have been correctly disclosed in clause 9(b) of Form 3CD.

25.6.      Our Profit & Loss account does not include profits and gains assessable on presumptive basis under section 44AD, 44AE, 44AF, 44B, 44BB, 44BBA, 44BBB, 172 of the Income Tax Act, 1961.

25.7.      The method of accounting followed is as per clause 11(a) which has been consistently followed in the immediately preceding previous year. There was no change in the method of accounting employed vis-à-vis the method employed in the immediately preceding previous year.

25.8.      Sum received from employee towards contributions to any provident fund or superannuation fund or any other fund mentioned in section 2(24)(x) which is paid/ not paid with due dates to concerned authorities under section 36(1)(va) are mentioned in Clause 16(b) of our Form 3CD and the same are correct.

25.9.      In clause 17 of Form 3CD, there are no other amounts of such items debited to Profit & Loss Account.

25.10.   No payments are made to persons specified under section 40A(2)(b).

25.11.   There is no amount of profit chargeable to tax under section 41 as disclosed under clause 20 of Form 3CD.

25.12.   Except for the items shown under clause 21(ii)(B), no tax, duty or other sum as referred to under section 43B has been provided as at the year end.

25.13.   No expenditure/ income of an earlier year has been debited/ credited to the Profit & Loss Account except to the extant disclosed under clause 22(b) of Form 3CD.

25.14.   No loans or deposits of Rs.20000/- or more have been repaid in cash other than those specified in the statement of particulars as given in the respective clause of Form 3CD. The details of loans or deposits of Rs.20000/- or more given in the said statement of particulars is true and correct.

25.15.   Section-wise details of deduction admissible under chapter VI-A – No other deduction other than those mentioned in clause 26 of Form 3CD is available to the branch.

25.16.   Details of delay in payment of tax deducted at source to the credit of the Central Government are given in the statement of particulars. Apart from that, there are no other delays in payment of Tax Deducted at Source.

25.17.   The other particulars required have already been given to you and particulars and other representations made to you from time to time are true and correct in all respects.

Thanking you.

 Yours faithfully,

For & on behalf of ________________ Bank

 (Branch Manager)

 Place:

Dated:

 

HUF Creation Deed

[To be executed on Rs. 100 Stamp Paper in UP]

HUF Creation Deed

DECLARATION OF GIFT MADE BY _____ _____ ____ ____TO THE HINDU UNDIVIDED FAMILY OF ____ _____ ____ ___ ___

I, ____ ____ ______, residing at___ __ ___ __ __ __ ____ ___, do hereby declare and affirm as under:

  1. That out of natural love and affection borne by me towards the Hindu Undivided Family of_______ _____ _______ _______ ____, I have made a gift of Rs.___ ___ (Rupees ___ _____ ____ __only) as per the following details:

2. By Cheque No.__ ___ ___, dated __ ___ __ ___, drawn on Bank _____ __ ___ ___ ___ ____, _ _ ____ __ __ __ ___ Branch, in favour of ___ ___ ___ ____ ____ ____ ___ HUF.

3. The above Gift has been duly accepted by ____ ___ ___ ___ ____ ___ ___, as Karta of his Hindu Undivided Family and has been duly acknowledged hereunder.

  1. This Declaration of Gift is made to record the fact that I have made this Gift in favour of the Donee as above, who now has the absolute right, title and interest in the gifted on said amount.
    Date: ___________, 200__ ____ ___ ___ ____ _____

 (Signature of the Donor)
ACKNOWLEDGEMENT OF GIFT

I, ________________________, hereby acknowledge having received the above gift made to my Hindu Undivided Family by _________________________.

Date: ___________, 200__ ___________________

(Signature of the Donee as Karta of his HUF)

RBI/2013-14/452 Merchanting Trade Transactions

Date: Jan 17, 2014

RBI/2013-14/452
A.P. (DIR Series) Circular No.95

January 17, 2014

To

All Category – I Authorised Dealer Banks

Merchanting Trade Transactions

Madam / Sir,

Attention of Authorised Dealer Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular Nos.106 & 4 dated June 19, 2003 and July 19, 2003 respectively, containing directions relating to merchanting or intermediary trade transactions. In the light of the recommendations of the Technical Committee on Services/Facilities to Exporters (Chairman: Shri G. Padmanabhan) to further liberalise and simplify the procedure, the existing guidelines for merchanting or intermediary trade transactions have been reviewed. Accordingly in supersession of the existing guidelines, the revised guidelines will come into effect immediately.

2. While handling merchant trade transactions or intermediary trade transactions, AD Category – I bank may keep the following guidelines in view:

i.            Goods involved in the merchanting or intermediary trade transactions would be the ones that are permitted for exports / imports under the prevailing Foreign Trade Policy (FTP) of India, at the time of entering into the contract and all the rules, regulations and directions applicable to exports (except Export Declaration Form) and imports (except Bill of Entry) are complied with for the export leg and import leg respectively;

ii.            Both the legs of a merchanting or intermediary trade transaction are routed through the same AD bank. The bank should verify the documents like invoice, packing list, transport documents and insurance documents and satisfy itself about the genuiness of the trade.

iii.            The entire merchanting or intermediary trade transactions should be completed within an overall period of nine months and there should not be any outlay of foreign exchange beyond four months.

iv.            The commencement of merchanting or intermediary trade would be the date of shipment / export leg receipt or import leg payment, whichever is first. The completion date would be the date of shipment / export leg receipt or import leg payment, whichever is the last;

v.            Short-term credit either by way of suppliers’ credit or buyers’ credit will be available for merchanting or intermediary trade transactions including the discounting of export leg LC by an AD bank, as in the case of import transactions

vi.            AD bank should ensure one-to-one matching in case of each merchanting or intermediary trade transaction and report defaults in any leg by the traders to the concerned Regional Office of RBI on half yearly basis in the format as annexed. The deadline for submission of the report would be 15 calendar days after the close of each half year. In case of repeated defaults i.e. three cases or more in a year, ADs should restrain the traders from entering into any further transaction in merchanting or intermediary trade and consider recommending caution listing of the trader, to the Reserve Bank of India;

3. The merchanting traders have to be genuine traders of goods and not mere financial intermediaries. Confirmed orders have to be received by them from the overseas buyers. Authorised Dealer should satisfy itself about the capabilities of the merchanting trader to perform the obligations under the order. The transactions should result in reasonable profits to the merchanting trader.

4. The inward remittance from the overseas buyer should preferably be received first and the outward remittance to the overseas supplier will be made subsequently. Alternatively, an irrevocable Letter of Credit (LC) should be opened by the buyer in favour of the merchant. On the strength of such LC the merchant in turn may open a LC in favour of the overseas supplier. The terms of payment under both the LCs should be such that payment for import LC is required to be made after receipt of payment under export LC. The export LC should be issued in the name of original merchanting trader in India and import LC should be favouring the original supplier. In case export leg payment is received in advance, AD banks need not insist on opening of export LC.

5. In case advance against the export leg is received by the merchanting trader, the advance payment may be held in a separate deposit / current account in foreign currency or Indian Rupees. The amount required for import leg should be earmarked till the payment of import and should not be made available to the merchanting trader for use, other than for import payment or short-term deployment of fund limited to the import payable, with the same AD for the intervening period. If advance for the import leg is demanded by the overseas seller, the same should be paid against bank guarantee from an international bank of repute;

6. Reporting for merchanting or intermediary trade for compilation of R-return should be done on gross basis, against the undernoted codes :

Trade

Purpose Code under FETERS

Description

Export P0108 Goods sold under merchanting /receipt against export leg of merchanting trade
Import S0108 Goods acquired under merchanting /payment against import leg of merchanting trade

7. AD Category-I banks may bring the contents of this circular to the notice of their constituents concerned and note the guidelines for strict compliance.

8. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,

(C. D. Srinivasan)
Chief General Manager

Third party payments for export / import transactions

RBI/2013-14/364
A. P. (DIR Series) Circular No.70
November 8 , 2013
To
All Category-I Authorised Dealer Banks
Madam / Sir,.

Third party payments for export / import transactions

Attention of Authorized Dealer Category – I banks is invited to various provisions of FEMA Notification No. 14 dated May 3, 2000 dealing with the manner of receipt & payment for trade transactions. Normally payment for exports has to be received from the overseas buyer named in the Export Declaration Form (EDF) by the exporter and the payment shall be received in a currency appropriate to the place of final destination as mentioned in the EDF irrespective of the country of residence of the buyer. Similarly, the payments for the import should be made to the original overseas seller of the goods and the AD should ensure that the importer furnishes evidence of import, such as, Exchange Control copy of the Bill of Entry to satisfy itself that goods equivalent to the value of remittance have been imported.
2. With a view to further liberalising the procedure relating to payments for exports/imports and taking into account evolving international trade practices, it has been decided as under:
i. EXPORT TRANSACTIONS
AD banks may allow payments for export of goods / software to be received from a third party (a party other than the buyer) subject to conditions as under:
a. Firm irrevocable order backed by a tripartite agreement should be in place;
b. Third party payment should come from a Financial Action Task Force (FATF) compliant country and through the banking channel only;
c. The exporter should declare the third party remittance in the Export Declaration Form;
d. It would be responsibility of the Exporter to realize and repatriate the export proceeds from such third party named in the EDF;
e. Reporting of outstandings, if any, in the XOS would continue to be shown against the name of the exporter. However, instead of the name of the overseas buyer from where the proceeds have to be realised, the name of the declared third party should appear in the XOS; and
f. In case of shipments being made to a country in Group II of Restricted Cover Countries, (e.g. Sudan, Somalia, etc.), payments for the same may be received from an Open Cover Country.
Note: Restricted cover Group II country is country which experiences chronic political and economic problems as well as balance of payment difficulties.
ii. IMPORT TRANSACTIONS
AD banks are allowed to make payments to a third party for import of goods, subject to conditions as under:
a. Firm irrevocable purchase order / tripartite agreement should be in place;
b. Third party payment should be made to a Financial Action Task Force (FATF) compliant country and through the banking channel only;
c. The Invoice should contain a narration that the related payment has to be made to the (named) third party;
d. Bill of Entry should mention the name of the shipper as also the narration that the related payment has to be made to the (named) third party;
e. Importer should comply with the related extant instructions relating to imports including those on advance payment being made for import of goods; and
f. The amount of an import transaction eligible for third party payment should not exceed USD 100,000. This limit will be revised as and when considered expedient.
3. These instructions will come into force with immediate effect.
4. AD Category – I banks may bring the contents of this Circular to the notice of their constituents concerned.
5. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,
(C.D Srinivasan)
Chief General Manager

No TDS on Service Tax Component if Shown seperately

CBDT CIRCULAR NO. 1/2014 [DATED 13-1-2014]
TDS under Chapter XVII-B of the Income-tax Act, 1961 on service tax component comprised in the payments made to residents – clarification regarding
The Board had issued a Circular No.4/2008 dated 28-04-2008 wherein it was clarified that tax is to be deducted at source under section 194-I of the Income-tax Act, 1961 (hereafter referred to as ‘the Act’), on the amount of rent paid/payable without including the service tax component. Representations/letters has been received seeking clarification whether such principle can be extended to other provisions of the Act also.
Attention of CBDT has also been drawn to the judgement of the Hon’ble Rajasthan High Court dated 1-7-2013, in the case of CIT (TDS) Jaipur v. Rajasthan Urban Infrastructure (Income-tax Appeal No.235, 222, 238 and 239/2011), holding that if as per the terms of the agreement between the payer and the payee, the amount of service tax is to be paid separately and was not included in the fees for professional services or technical services, no TDS is required to be made on the service tax component u/s 194J of the Act.
The matter has been examined afresh. In exercise of the powers conferred under section 119 of the Act, the Board has decided that wherever in terms of the agreement/contract between the payer and the payee, the service tax component comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XVII-B of the Act on the amount paid/payable without including such service tax component.