December 15, 2023

NGO Audit in India

A Non-governmental organization (NGO) refers to the organization which is established by a group of people to render their services not with the intentions of profit but with the sole purpose to help the society. The NGO is described as a non-profit making organization in which funds are raised from members, donors or contributors besides from receiving donations for their time or their energy and skills for accomplishing the social objectives such as imparting education, providing economic assistance to needy, providing medical facilities, managing disasters and other emergent situations. NGOs are basically formed to serve the nation and its people. The main source of income or receipts of NGOs is donations or the subsidy, the grants from governments and the other donors who are willing to contribute to society. The NGO’s shall maintain the books of accounts pertaining to the incoming and outgoing of the funds. Thereafter, the NGO for their own interest can get the books audited by an independent external auditor to assure the donor that he/she can rely on the reports. The NGO’s are also required to file necessary IT returns as it is a legal entity in the eyes of law. As per the CBI report of 2015, there are more than 31 Lakhs NGOs in the nation. Audit Procedure for NGO Non-profit organizations (NGO) are the social establishments who operate to carry out the social activities with the help of public donations and therefore it is very important for them to prepare the financial accounts and statements so that they can showcase the authenticity of their performance & efforts to the general public. When these accounts and statements are audited by an independent Chartered Accountant, it sums up the validity of the same in the eyes of the general public. The procedure for auditing is very simple. Similar to the auditing for accounts of other businesses, the auditor first checks all the books with all previous data, followed by checking accounts and trial balance. An auditor prepares the audit report after thoroughly verifying & checking all financial statements including social accounting. Checking of receipt & payment accounts and income & expenditure accounts are very important and inevitable phases of the auditing process for NGO. An auditor checks the amount that NGO has received, the sources from these funds are received, its voucher and the different expenses of NGO. He also checks the nature of expenses whether its revenue or capital. Types of financial audit for NGO External audit-An external audit is executed by independent auditors to give a professional opinion on the credibility and fairness of the financial statements on the basis of careful examination of an array of samples of the records. The opinion of the auditor plays an important role as it provides a set of proofs that financial reports are true and can be trusted by stakeholders, trustees and donors. Internal audit-An internal audit can be executed by the staff of the NGO or by competent professionals exclusively hired for audit. It includes verification of the NGO’s policies and procedures and their consonance with law. This offers authenticated and updated information about the methods being followed to the trustees. Donor audit-A donor audit can be performed by the NGO’s external auditors or by donors themselves. This entrusts confidence among the donors that their donations have been duly utilized under the legal conditions. A successful audit often bolsters additional funding’s. Investigative auditAn investigative audit can be performed when an NGO suspects a particular issue (which is usually related to fraud) and auditor needs to uncover all the primary as well as secondary facts. The auditors may put forth the proofs for the next steps that the NGO may opt to take Benefits of Audit for NGO Auditor’s AdviceAuditors are updated with the latest amendments made by the government and they are competent enough to provide valuable advice on financial methods and controls to the NGOs. An audit allows an NGO to take and apply the tact’s & knowledge given by auditors, besides taking the help of the auditor in the investigation of particular issues. Proof of authenticityAudits help an NGO to provide proof of its authenticity and honesty in its financial statements and the practices carried out by them. Different Purposes of Different Audits An investigative audit scouts for the evidence connected to particular suspected ill action. A donor audit examines the terms and conditions followed by the NGO. An external audit examines the authenticity, accuracy and fairness of the financial statements of the NGO. An internal audit examines the policies and procedures followed by the NGO. Different steps an Auditor takes to conduct the Audit Auditors have to confirm the applicability of Sec 12AA and 80G on NGOs and that the exemptions are provided to all donors who have made donations and for the same, the counterfoils of receipts given to donors must be authenticated with the donation register. Auditors have to verify & ensure that all the income coming to the accounts of NGO such as Government grants/subsidies, donations etc are from a legitimate source or not out of surplus black money. Auditor also has to verify the investment or expenditure of funds by the NGO. NGO is supposed to maintain complete transparency for funds utilized in various fields. Auditor has to discern the memorandum of the NGO which means an auditor must know and understand the activities that an NGO undertakes for the welfare of the society and the field the NGO operates in. NGO needs to keep an updated record for every single rupee it spends because it plays an important role in the process of inspection and it ensures the legal utilization of funds only for the fulfillment of sole motto of the NGO. Auditors have to check & ensure the legality of the NGO and various compliance under different Acts of such as Income-tax Act, Labour Law, ESIC, etc FAQs Q: Why do NGOs need to undergo audits? NGOs often receive funds from donors, government agencies, and other sources.

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Procedure for Issue of Duplicate Share Certificate in India

A share certificate is a document that indicates the ownership of company shares by its shareholder/beholder. It acts as prima facie evidence of the title of the individual holding the shares. When the beholder of the share certificate loses or misplaces the original document, the company will issue a duplicate share certificate. When a person loses his/her share certificate, it can lead to a substantial financial loss to the shareholder and the company in which he/she held shares. Thus, to avoid any unnecessary loss to the company and its shareholders, the Companies Act, 2013, provides for the issue of duplicate share certificates under Section 46 and Rule 6(2)(a) to (c) of the Companies (Share Capital and Debentures) Rules, 2014.  Share certificates issued by the Company are sometimes lost or misplaced by the shareholders due to unforeseen circumstances. The loss of share certificates can lead to huge financial losses for both the shareholders and the company. To avoid unnecessary losses to shareholders and society, the remedy is provided by the central government. The Companies Act 2013 contains a provision for the procedure For Issue of Duplicate Share Certificate under section 46 read with rule 6 of the Companies (Share Capital and Debentures) Rules 2014 in the event of loss or misappropriation of the original share certificate Shareholder. What is a share certificate? The Company issues a Share Certificate to certify that, from the date, the certificate is issued to a person, that person is the registered owner of Company Shares. A share certificate issued by the Company is prima facie evidence of a member’s ownership of Company Shares. Share certificates proved a person’s ownership in the Company. The loss and misplacement of the Share Certificate will have a financial impact on the Shareholder as there will be no proof of its ownership. The company will issue a duplicate share certificate in case of loss or misappropriation of the original. A company issues the share certificate to assure that a person is the registered owner of the company shares from the date the certificate is issued to that person. The share certificate issued by a company is the prima facie evidence that a person is the owner of the company’s shares. The misplacement and loss of share certificates will affect the shareholders financially, as there will be no proof of their ownership. Thus, the company will issue a duplicate share certificate if the original is misplaced or lost. A company will issue a duplicate share certificate if the original certificate:  Is proved to be lost or destroyed.  Has been mutilated, defaced, or torn and is surrendered to the company. Responsibility of Shareholder The Shareholder should immediately inform the Company of the loss or loss of the Share Certificate. Communication of information can be done by letter to the Company’s address or e-mail can be sent to the Company. Details of lost or misplaced share certificates such as name, address, folio number, and share certificate number. Steps to Follow When a Share Certificate is Lost or Misplaced The shareholders and a company must follow certain steps when a share certificate of a shareholder is lost or misplaced, as provided below. The steps to be taken by shareholders when the share certificate is lost or misplaced are: The shareholder must immediately inform the company about the lost or misplaced share certificate. The communication of the information of the share certificate being lost or misplaced can be done by posting a letter to the company’s address or by emailing the company. The shareholder must provide the details of the lost or misplaced share certificate, like name, folio number, address and share certificate number.    The steps to be taken by a company when the share certificate is lost or misplaced are: When a company receives the information of the lost or misplaced share certificate, it must freeze the share transfer for at least 30 days to prevent any illegal proceeding of the transfer or fraudulent transfer. After completing the required procedure and establishing the shareholder’s identity, the company should guide the shareholder for the issuance of a duplicate share certificate. Documents Required For Issuing the Duplicate Share Certificate Indemnity bond agreement on a non-judicial stamp paper. An affidavit on a non-judicial stamp paper, attested by the Notary Public/Special Executive Magistrate. F.I.R filed with the police containing the following information about the lost share certificate: Name on the share certificate. Share certificate number. Folio number on the share certificate. Distinctive number of shares. Advertisement published in a newspaper about the loss or misplacement of the share certificate. Proof of identity and residence of the shareholder. Duplicate Share Certificate Issue Process The shareholder should make an application for the issue of a duplicate share certificate with the required documents to the company. The documents sent to the company should have the shareholder’s signature whose share certificate is lost or misplaced. When the company receives the application, it will start the process for the issue of a duplicate share certificate. The company must issue the duplicate share certificate with the consent of the company’s board of members. While giving the consent for the issue of a duplicate share certificate, the Board should look into the following matters: The Board should take the fees for the issue of a duplicate share certificate, but the fees should not exceed Rs.50 per share certificate. The out-of-pocket expenses that occurred while investigating the evidence produced by the shareholder should also be considered by the Board while issuing the duplicate share certificate.  After the Board consents to issue a duplicate share certificate, the company will scrutinise all the documents and issue the share certificate to the shareholder. A listed company should issue the duplicate share certificate within 45 days of submitting the documents to the company. An unlisted company should issue a duplicate share certificate within three months of submitting the documents to the company. Once the company issues a duplicate share certificate, entries should be made in the ‘Register of Renewed and Duplicate Share Certificate’

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TNREGINET – Online Land Records Check for Tamil Nadu

TNREGINET is the Tamilnadu Government online registration portal. TNREGINET portal eliminates the need for Sub-Registrar office visits for citizens by providing easy access to Government records online. In this article, we look at TNREGINET portal in detail along with the process for obtaining registration on TNREGINET. In India, state governments fix a rate below which properties cannot be registered in a particular area at the time of sale or title transfer. This rate is known by various names, such as circle rate, guideline value, ready reckoner rate, etc. In Tamil Nadu, it is known as the TN guideline value or guideline value. In Tamil Nadu, the TNREGINET portal allows individuals to check the TNREGINET guideline value or Tamil Nadu guideline value.  Citizens can easily access many services, such as obtaining property certificates, transfer and registration, etc., by logging on to the TNREGINET portal, the official State Government revenue department portal. The purpose of the TNREGINET portal is to eliminate the difficulty of visiting the Sub-Registrar Office (SRO) and expedite the property transfer and registration process. What is TNREGINET? TNREGINET, or the Inspector General of Registration (IGRS), is the official portal of the Tamil Nadu revenue department that provides all property-related services. Citizens can access various services, such as checking the property guideline value, searching the encumbrance certificate, ascertaining the building value, stamp duty valuation, registration of marriage, registration of the death, etc., online using the TNREGINET platform.  Services Provided on TNREGINET Encumbrance Certificate Online Marriage Certificate Application online Online Certified Documents Chits Documents Online Society Documents Online Online  status Check Tamil Nadu guideline value 2023 The guideline value is the minimum value of a property in a particular area, as listed by the Tamil Nadu state government. It is essential to know the guideline value to calculate the fees and duties payable in Tamil Nadu by a property owner. Guideline value is the minimum value of a property, as fixed by the state government, at which the property can be registered. According to the government records (Tamil Nadu Registration Department), guideline value means the estimated market value of the landat which it can be registered. It ideally reflects the property’s actual market value. If the property is sold at a value higher than the guideline value, the registration of the property will be based on the higher value. However, if the property is sold below the guideline value, the buyer should pay registration charges and stamp duty based on the minimum value.  The Tamil Nadu government fixes the guideline value for each area in the state. The guideline values are based on the streets for well-developed residential areas. The guideline value is fixed based on the survey number of the property for lands/properties that have not been formed into streets. User Registration in TNREGINET This section explains how to register in TNREGINET. The User Registration, which is created by the citizen, is used not only for creating deeds but also for registering marriages, chits, society and firms in Document Creation or Abstract for Draft Deed. Step 1: Visit the home page of TNREGINENT. Step 2: Select the user registration option from the registration tab to proceed further for registering a user. Citizen Registration Detail Step 1: Select Citizen Option from the drop-down menu. Step 2: Type the user name of own choice in the User Name text box Note: The name can be a combination of Alpha Numeric and Symbols. Step 3: The applicant needs to enter the password with respective password rules as displayed on the right side of the screen in the highlighted box. Note: If the entered password is accepted then it will be highlighted in green colour if it isnot accepted re-enter the password in the text box “confirm password”. Step 4: Choose a security question from the drop-down list and provide the answer to the selected question. Step 5: User needs to enter the personal details in the respective fields such as In the salutation, drop-down box choose the appropriate option Type the First Name, Middle Name and Last Name in the respective fields Select Gender from the drop-down box Select the identification document for verifying the personal detail Enter the Email address and confirm the email address by retyping the same Select the appropriate date of birth from the drop-down box Provide the mobile and fixed-line phone numbers Type the Identification No as given in the selected identification document  Provide the address as given in the chosen identification document. Document Writer Registration Details In case the person is registering as a document writer, additional details about his or her Business Address, Document Writer Registration details along with license type and the number will be captured. Step 6: Select user type as Document Writer and fill in the other fields as explained above. Step 7: Additional information about the business address of the Document Writer is entered. Step 8: The Document Writer has to provide his or her registration details with the department i.e. registration district registered with and the Sub Registrar Office attached to. Step 9: The applicant needs to provide the license type and license no. Enter the correct code in the text box (Captcha code)as in the picture. Click on Receive OTP. Enter the OTP received in the registered mobile number. Click on complete registration. User Registration created successfully. Now using the “Sign in” option, the citizen can use the portal. Check Status of Property or Land Registration Online (EC status) Step 1: Select EC search from the Home page. The page will direct to next page. Step 2: Select Zone, District, Sub Registrar office, Village, Dates. Step 3: Enter survey number and subdivision number. Step 4: Enter the image code and click on the search to view the status of the property online. Guideline Search Step 1: Visit the TN REGINET Guideline and Property valuation page. Step 2: From the table, select the appropriate date. Step 3: Enter street and village name. Click on Search. Step 4: The applicant can see the address and Email of the SRO office for the area. Step 5: Visit the address given to get the property valuation or guideline value. Importance of guideline value It helps

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