January 3, 2024

Internal and Statutory Audit in NBFCs

Non-Banking Financial Companies (NBFCs) are financial institutions that offer banking services without a banking license. NBFCs are subject to regulatory scrutiny by the Reserve Bank of India (RBI) and other financial regulatory authorities. One of the key regulatory requirements for NBFCs is to conduct internal and statutory audits Non-Banking Financial Companies (NBFCs) play a crucial role in the Indian financial system, providing essential financial services and products to millions of customers. NBFCs function as an intermediary between lenders and borrowers, mobilizing funds and offering loans and other credit facilities. As such, it is essential for NBFCs to maintain the highest levels of transparency, accountability, and compliance in their operations. Internal and Statutory audits are critical tools for ensuring that NBFCs adhere to the highest standards of governance and compliance. In this article, we explore the importance of internal and statutory audits in NBFCs and how they help to maintain the integrity of the financial system. Meaning of Internal Audit An internal audit is an independent and objective review of an organization’s operations, financial reporting, and compliance with laws and regulations. Internal audits are typically conducted by an internal audit team or a third-party audit firm. The purpose of an internal audit is to identify areas of weakness and opportunities for improvement within an organization’s operations and financial reporting. Meaning of Statutory Audit A statutory audit is a mandatory audit of an organization’s financial statements and records. Statutory audits are conducted by a registered auditor who is independent of the organization being audited. The purpose of a statutory audit is to provide an opinion on whether the financial statements of an organization provide a true and fair view of its financial position and performance. Importance of Internal and Statutory Audits in Non-Banking Financial Companies Importance of Internal Audits in NBFCs:- Internal Audits are critical for NBFCs as they help to identify and mitigate operational risks and ensure that the organization is compliant with applicable laws and regulations. Internal audits can help to improve the efficiency and effectiveness of the organization’s operations, identify areas for improvement, and provide recommendations for enhancing the organization’s performance. Internal audits can also help NBFCs to detect and prevent fraud, errors, and other irregularities. By conducting regular internal audits, NBFCs can identify potential risks and vulnerabilities in their operations and take appropriate measures to mitigate those risks. Importance of Statutory Audits in NBFCs:- Statutory Audits are critical for NBFCs as they help to ensure that the organization is compliant with applicable laws and regulations. Statutory audits are conducted in accordance with the Generally Accepted Auditing Standards (GAAS) and the International Financial Reporting Standards (IFRS). Statutory Audits can help to detect and prevent financial fraud, misappropriation of funds, and other financial irregularities. Statutory auditors are required to examine the organization’s financial statements and other financial records to ensure that they are accurate, complete, and comply with applicable accounting standards Scope of Internal and Statutory Audits in Non-Banking Financial Companies Scope of Internal Audits in NBFCs: Internal audits are an essential tool for NBFCs to identify and mitigate risks and ensure compliance with internal policies and regulatory requirements. The scope of internal audits in NBFCs may include the following areas: Loan Portfolio: Internal audits may review the NBFC’s loan portfolio to ensure that loans are disbursed in accordance with the organization’s credit policy and that adequate due diligence is conducted before approving loans. Operational Efficiency: Internal audits may evaluate the effectiveness of the NBFC’s operational processes, such as loan disbursement, loan recovery, and customer service, to identify areas for improvement. Risk Management: Internal audits may assess the NBFC’s risk management framework to ensure that risks are identified, measured, monitored, and mitigated in accordance with the organization’s risk appetite. Compliance: Internal audits may review the NBFC’s compliance with applicable laws and regulations, including the RBI guidelines, and identify areas where the organization needs to improve its compliance procedures. Scope of Statutory Audits in NBFCs Statutory Audits are mandatory for all NBFCs, and the scope of these audits is determined by the regulatory requirements of the RBI and the Companies Act, 2013. The following areas are typically covered in Statutory Audits: Financial Statements: Statutory auditors review the NBFC’s financial statements, including the balance sheet, income statement, and cash flow statement, to ensure that they comply with accounting standards and accurately reflect the organization’s financial position. Internal Controls: Statutory auditors assess the NBFC’s internal controls to ensure that the  organization has adequate processes in place to prevent fraud and error. Regulatory Compliance: Statutory auditors review the NBFC’s compliance with regulatory requirements, including the RBI guidelines and the Companies Act, 2013, to ensure that the organization is operating within the boundaries of the law. Loan Portfolio: Statutory auditors review the NBFC’s loan portfolio to ensure that loans are disbursed in accordance with the organization’s credit policy and that adequate due diligence is conducted before approving loans. Benefits of Internal and Statutory Audits in Non-Banking Financial Companies Benefit of Internal Audit in NBFCs: Internal audit is an independent, objective assurance, and consulting activity designed to add value and improve an organization’s operations. The internal audit function in an NBFC plays a crucial role in ensuring the smooth functioning of the organization. The benefits of internal audit in NBFCs are: Risk Management: Internal audit helps in identifying the potential risks associated with the NBFC’s operations and provides recommendations to mitigate those risks. Process Improvement: Internal audit identifies the gaps in the existing processes and provides recommendations to improve them. This helps in streamlining the operations and reducing the turnaround time. Compliance: Internal audit ensures compliance with regulatory requirements and guidelines, thereby reducing the risk of penalties and legal action. Fraud Detection: Internal audit helps in detecting fraudulent activities and taking corrective action. Benefit of Statutory Audit in NBFCs Statutory audit is a legal requirement for all companies, including NBFCs. It is conducted by a qualified external auditor who provides an independent opinion on the financial statements of the company. The benefits of statutory audit in NBFCs are: Accuracy of Financial Statements: Statutory

Internal and Statutory Audit in NBFCs Read More »

Minor PAN Card

In India, the Permanent Account Number or PAN Card is an important identity proof which is issued to all citizens including minors, Non-resident Indians (NRIs) and foreign nationals. As per section 160 of the Income Tax Act, even minors are eligible to apply for the PAN card as there is no age limit requirement specified in the Act. PAN card can be applied for children below 5 years and remain the permanent identity proof irrespective of change in the name or address.  A PAN (Permanent Account Number) card contains a unique identification number assigned to every tax-paying citizen of India. All taxpayers, including individuals, Limited Liability Partnerships (LLPs), companies, local authorities, etc., need to obtain the PAN card. It links all financial transactions of the taxpayer, making it convenient for the government to record every tax-related information for each PAN cardholder. Since taxpayers must have a PAN card, there is a misconception that only persons above 18 years can apply for it. However, the Income Tax (IT) department has not mentioned any age limit to apply for a PAN card. Thus, even minors are eligible to apply for a PAN card. Purpose of Minor PAN Card For kid below 5 years of age, the Minor PAN Card can be used as an identity proof. It has been made mandatory if you want your child to be the nominee of your investments. PAN card is necessary when the parents wish to make an investment in the name of their child. In case the child is earning, their income will be made linked with their parent’s income under section 64(1A). However, the amount earned is taxable and will also have to file income tax return through their Parent or Guardian in the below following cases. If the minor earns income on their own through knowledge, skill or talent. Documents Required to Apply for a Minor PAN Card For the PAN card application, the documents required to be attached or uploaded are proof of identity, proof of address and age proof. However, for minors, the parent’s or guardian’s proof of address and identity documents will be considered. But, the minor’s document for the proof of date of birth should be uploaded or attached and not the documents of the parent or guardian. When the Aadhaar card of the minor is selected as the proof of address and identity, the Aadhaar of the minor should be uploaded or attached and not of the parents or guardians. The list of documents that can be given as proof of identity, address, and age is provided below. Proof of Identity Documents The parents or guardian of the minor can submit any one of the following documents as proof of identity: Aadhaar card. Passport. Ration card. Driving license. Voter’s ID card. Photo ID card issued by the government. The original certificate of identity signed by a Member of Legislative Assembly, Member of Parliament, Gazetted Officer or Legislative Council.  Proof of Address Documents The parents or guardian of the minor can submit any one of the following documents as proof of address: Aadhaar card. Driving license. Passport. Post office passbook. Voter’s ID card. Domicile certificate. Property registration document. The original certificate of address signed by a Member of Legislative Assembly, Member of Parliament, Gazetted officer or Municipal Council. Copy of any of the below documents of not more than three months old: Electricity bill. Water bill. Landline telephone or broadband connection bill. Consumer gas connection book or card or piped gas bill. Credit card statement. Bank account statement. Proof of Birth Documents The following documents of the minor can be submitted as proof of age/birth: Birth certificate. Aadhaar card. Passport. Photo ID card issued by the government. Mark sheet of recognised board. Domicile certificate. Affidavit sworn before a Magistrate having the date of birth. Procedure to Apply for a Minor PAN Card Online Procedure to Apply for a Minor PAN Card Read the instructions for filing Form 49A at – https://tin.tin.nsdl.com/pan/Instructions49A.html. Visit the official NSDL website.  Select application type as ‘New PAN – Indian Citizen (Form 49A)’ and the category as ‘Individual’. Fill in all the details as given in the instructions for filing Form 49A.  Upload the photograph and the required documents.  Proceed to make the payment of the fee via debit card, credit card, demand draft or net banking and click the ‘Submit’ button. An acknowledgement number will be given that can be used to track the status of the application. Enclose all the required documents (if it is not uploaded) along with the demand draft (if this is chosen as a mode of payment) in an envelop and post it to the Pune address of the Income Tax PAN Services Unit. Upon the successful verification of the application, the PAN card will be sent to the mentioned address within 10-15 working days. Offline Procedure to Apply for a Minor PAN Card Download Form 49A from the official NSDL website. Read the instructions for filling Form 49A provided below the form. Fill in all the details as per the instructions.  Attach a copy of the relevant documents. Attach two photographs of the child. Submit the application form with the required documents to the nearest UTIITSL/NSDL office or TIN facilitation centre along with the fees. An acknowledgement number will be given upon submission of the application. The acknowledgement number can be used to track the status of the application. Upon the successful verification of the application, the PAN card will be sent to the mentioned address. FAQs Q: How to apply for a minor PAN card? The application process is similar to that for adults. The parent or guardian can fill out Form 49A, provide the necessary documents, and submit the application at authorized PAN centers or online through the NSDL or UTIITSL websites. Q: Who can apply for a minor PAN card? A parent or guardian can apply for a PAN card on behalf of a minor. Q: Why does a minor need a PAN card? A PAN card for a minor

Minor PAN Card Read More »