2. 1. Co-ordination with Branch
Management
Co-ordination between the Auditor and the branch management is essential for
an effective audit, timely completion with the highest audit quality.
It is advisable that immediately after accepting the appointment, the SBA
should send a formal communication to the branch management/HO accepting
his appointment and other declarations and undertakings so required.
Further, the SBA should also specify the books, records, and other information
that he would require in the course of his audit. Such a communication would
enable the branch management to keep the réquisit documents, information,
etc., Read.
3. 2.Reliance on / review of other
reports
The auditor should take into account the adverse comments, if any, on advances appearing in the
following:
Previous audit reports.
Latest internal inspection reports of bank officials.
Reserve Bank’s latest inspection Report/Asset Quality Review/ Risk Based
Supervision report.
Concurrent /internal audit report.
Report on verification of security.
Any other internal reports specially related to particular accounts.
Manager’s charge-handing-over report when incumbent is changed.
6. Priority
• Agriculture
• Education
• Housing
• Export credits
• MSME
• Social Infrastructure
• Renewable energy
• Others
Non Priority
• Sectors other than priority are
covered under non priority
sector
Sector wise classification
8. Classification of
advances as per
Prudential Norms
Standard
Loans
Standard
Regular
Special
Mention
Account (SMA)
NPA Loans
Substandard Doubtful Loss
PRUDENTIAL NORMS CLASSIFICATION
10. 4. Type of Advances and Nature
of Security
Fund Based and Non-Fund Based Credit Facilities
Fund based credit facilities are those where, upon sanction, there is an actual
outflow of funds from the bank to the borrower, whereas non-fund based
facilities are those, at the time of sanction which do not involve such outflow of
the bank’s fund.
Typical examples of fund based facilities are term loan, cash credit and
overdraft and that of non-fund based facilities are letters of credit, bank
guarantees, letter of comfort, etc.. Non-fund based facility may turn into a fund
based facility on due date / occurrence of the specified event like devolvement
of bills under LC, invocation of Bank Guarantee, etc..
11. Cash Credit
Cash credit facility is provided usually to entities(borrowers) engaged in
manufacturing and / or trading activities to enable them to meet the gap in their
working capital requirements. This facility is repayable on demand. The cash credit
facility is generally granted against the security of stocks of goods (net of trade
creditors), standing crops, bills / book debts representing genuine sales(restricted to
pre-defined age of such book debts).
Working Capital Demand Loan (WCDL)
WCDL is granted for a fixed period on the expiry of which it has to be liquidated,
renewed or rolled over. Depending on the terms of sanction the repayment of WCDL
can either be in the form of instalments spread over the tenure of the facility or bullet
payment at the end of the tenure of the loan,. As the nomenclature suggests, WCDL is
generally granted to meet the gap in working capital requirement
Term Loans
Term loans are repayable in instalments spread over a period of time excluding the
moratorium period, if granted.
12. The moratorium period is assessed by the lender based on future cash flows and
requirements of borrower.
The amount and periodicity of repayment is fixed at the time of sanction and is duly
recorded in the loan documents
The interest rate for loans may be either on ‘fixed’ terms’ in which event the rate
contracted originally holds good during the entire currency of the loan, or it may be on
‘variable’ terms; which means that the rate may undergo changes at unspecified periods
on happening of certain events as outlined in the loan agreement
The term loans are generally extended for the following purposes:
For setting up of plants, acquisition of fixed assets like land and building, plant and
machinery, furniture, vehicles, implements, houses, consumer durables, etc..
For meeting expenses on education / medical treatment of self/dependants.
For meeting other personal expenses.
For meeting deficit in the net working capital requirements as assessed by the bank.
(WCTL)
For Marketing / Launching / Branding etc.
13. Overdrafts
The overdraft facility may be either secured or clean (i.e., without security) and does
not generally carry a fix repayment schedule. The most common form of security for
an overdraft arrangement is term deposit receipts. In such cases, care is taken to
ensure that lien marking is done in the system and also on physical fixed deposit
receipt (and not on fixed deposit advice). Overdrafts may also be granted against
other securities like immovable properties, life insurance policies, shares, bonds,
NSCs, Kisan Vikas Patra, Indira Vikas Patra, etc..
14. 5. Early Warning signals for wrong doings in the
loan accounts
Default in payment to the banks/ sundry debtors and other statutory bodies,
etc..,
Bouncing of the high value cheques.
Raid by Income tax /sales tax/ central excise duty officials.
Frequent change in the scope of the project to be undertaken by the borrower.
Under insured or over insured inventory.
Dispute on title of the collateral securities
Costing of the project which is in wide variance with standard cost of
Funds coming from other banks to liquidate the outstanding loan amount.
Foreign bills remaining outstanding for a long time and tendency for bills to
remain overdue.
15. Request received from the borrower to postpone the inspection of the godown for
filmy reasons.
Delay observed in payment of outstanding dues.
Financing the unit far away from the branch.
Claims not acknowledged as debt high.
Frequent invocation of BGs and devolvement of LCs.
Funding of the interest by sanctioning additional facilities.
Same collateral charged to a number of lenders.
Concealment of certain vital documents like master agreement, insurance coverage.
Floating front / associate companies by investing borrowed money.
Reduction in the stake of promoter / director.
Resignation of the key personnel and frequent changes in the management.
Substantial increase in unbilled revenue year after year.
Large number of transactions with inter-connected companies and large outstanding
from such companies.
Significant movements in inventory, disproportionately higher than the growth in
turnover.
16. Substantial related party transactions.
Material discrepancies in the annual report.
Significant inconsistencies within the annual report (between various
sections).
Poor disclosure of materially adverse information and no qualification by the
Frequent request for general purpose loans.
Movement of an account from one bank to another.
Frequent ad hoc sanctions.
Not routing of sales proceeds through bank.
LC’s issued for local trade / related party transactions.
High value RTGS payment to unrelated parties.
Heavy cash withdrawal in loan accounts.
Significant movements in receivables, disproportionately higher than the
growth in turnover and/or increase in ageing of the receivables.
Disproportionate increase in other current assets.
Onerous clause in issue of BG/LC/standby letters of credit.
In Merchanting trade, import leg not revealed to the bank.
17. Mortgage
the transfer of an interest in specific immovable property for the purpose of securing
the payment of money advanced by way of loan, an existing or future debt, or the
performance of an engagement which may give raise to a pecuniary liability
Pledge
It involves bailment or delivery of goods by the borrower to the lending bank with the
intention of creating a charge thereon as security for the advance.
Hypothecation
It refers to the creation of an equitable charge (i.e., a charge created not by an express
enactment but by equity and reason), which is created in favour of the lending bank
by execution of hypothecation agreement in respect of the moveable securities
belonging to the borrower
Lien
Lien is creation of a legal charge with consent of the owner, which gives lender a legal
right to seize and dispose / liquidate the asset under lien.
6. Mode of Creation of Security
18. Hypothecation
• Goods not in
physical control
of bank
• Creation of
charge in favor
of bank through
execution of
hypothecation
deed
Pledge
• Security
under
physical
possession
of bank
• E.g. Pledge
of FDR,
Gold
Assignment
• Transfer of
right of
property in
favor of the
bank
• E.g.
Assignment of
LIC policy
Set off
• Statutory
right of the
Bank to
adjust
balance
lying in any
deposit
account of
the
borrower
with the
loan
balance.
Mortgage
• Involves
mortgage
of
immovable
property
7.Comparison of Mode of Creation
of Security and Types of Mortgage
19. Type of
Mortgages
Registered
Mortgage
Equitable
Mortgage
Mortgage deed executed
in favour of the Bank and
registered with the
appropriate authority
Created by simple deposit of
title deed by the mortgagor with
clear intention to create the
mortgage in favour of the Bank
Refer next slide for
verification process of
equitable mortgage
20. Search on CERSAI site by the branch official to confirm non encumbrance. Snap shot of the search to be kept as part of the documents.
Complete search of property documents by the panel advocate for the prescribed period. Original search receipt to be kept as part of documents.
Unqualified Legal Opinion certifying the genuineness of title deed of the property and the right of the seller to sell the property
Valuation of property by the approved valuer. Valuation report to be accompanied by the photograph of the property. In case of properties above Rs. 50
crore, 2 independent valuation reports required as per RBI Guidelines.
Site verification by the branch official.
Creation of Equitable Mortgage on basis of complete chain of title deed as prescribed by the advocate
Payment of stamp duty as per the applicable state laws.
Laminated title deeds to be avoided
Certified true copy of title deed on basis of which mortgage created to be obtained from the office of the Registering Authority and compared with the
originals
Registration with CERSAI within 30 days
8.Verification of Mortgage
21. 9.Types of Securities
Personal Security of Guarantor
Fixed and Floating Charges
Margin
Goods
Documents of Title to Goods
Gold Ornaments and Bullion
Life Insurance Policies
Immovable Property
Third Party Guarantees
22. 10.Procedure for Sanction, Disbursement,
Supervision and Renewal of Advances
Sanction
All procedures from submission of Application form till submission of relevant documents and KYC’s)
Credit Appraisal
The proposal is evaluated in the context of the directions of the RBI including prudential exposure limits
and the bank’s own credit policy and risk management guidelines
Disbursement
Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI)
The auditor needs to keep abreast the mandatory requirements related to registration of mortgages and
compliance thereof by the lender bank, as applicable to the various forms of securities offered as security
for the advances.
25. Proper application and other relevant papers – ITR, Balance Sheet, License, Address Proof, Partnership Deed
proprietorship proof, IEC Registration, SSI registration, Memorandum and Articles of Association
Due diligence for identification of the borrower including pre sanction visit
Verification of KYC documents with the originals
Direct third party verification of documents
Generation of CIBIL reports, reference to RBI defaulters list, ECGC caution list
Satisfactory status report from the existing bankers, Credit risk rating done
Site verification and valuation of immovable properties by approved valuer and branch official
Assessment of limit as per the guidelines, Loan granted within the discretionary power
Compliance of Bank’s lending policy stipulations, Compliance of take over norms
Issuance of sanction letter and their acceptance by borrowers and guarantor
PreSanction
27. Acceptance of terms of sanction by the borrower and guarantor
All required documents executed. Entry in document register made
Vetting of documents by panel advocate
Creation of Equitable Mortgage as per the guidelines
Charge registration with ROC in case of company
Properly filled and signed by the borrower and guarantor. Proper value of stamp or stamp paper to be used. Date of stamp
paper to be before the date of execution
Stamp Paper to be in the name of the borrower or the Bank
Execution of documents by the legally competent persons
Documents to be alive. Limitation period normally 3 years which can be extended through execution of fresh documents,
obtaining balance confirmation or by making part payment in the account. Documents on the printed format of the Bank. No
computer generated documents except through LAPS (Loan Application Processing System).Persons not legally competent to
execute the documents: Minor, Insolvent, Insane, Person of unsound mind, Heavily drunk person
Documentation
29. All terms of sanction duly complied with Disbursement as per the terms of sanction.
Prescribed margin obtained. Rate of interest correctly fed in system
Applicable charges recovered
Overdrawing's in the account need based, properly reported, within discretionary power,
adjusted in time, Primary securities created and necessary bills held as proof of purchase.
Submission of stock statement at prescribed interval, calculation of DP as per lending
policy. Stock audit in applicable cases. Balance confirmation letter at periodic intervals.
Monitoring of operations in account . Prompt action in case of early warning signals
including low turnover, frequent excess, frequent returning of cheques, huge cash
deposits and withdrawals, frequent LC devolvement. Submission of statements of
financial performance (QIS etc.). Insurance of primary and collateral securities. Renewal
of working capital limits on annual basis
POST SANCTION
30. 15.Loan to Value (LTV) ratio
In order to prevent excessive leveraging, the LTV ratio in respect of housing loans
should not exceed 80 per cent.
However, for small value housing loans, i.e., housing loans up to Rs. 20 lakh (which
get categorized as priority sector advances), the LTV ratio should not exceed 90
per cent.
The Master Circular RBI/2015-16/46/DBR.No.DIR.BC.13/08.12.001/ 2015-16
dated July 1, 2015 on Housing Finance, lays down that the following LTV ratios
have to be maintained by banks in respect of individual housing loans
31. Category of Loan LTV Ratio (%)
(a) Individual Housing Loans
Up to Rs. 20 Lakh 90
Above Rs. 20 lakh & up to Rs. 75 lakh 80
Above Rs. 75 lakh
75
The LTV ratio should not exceed the prescribed ceiling in all fresh cases of sanction.
In case the LTV ratio is currently above the ceiling prescribed for any reasons, efforts
should be made to bring it within limits.
In nutshell, auditor at branch may keep following in mind to plan comprehensive
coverage of advances.
Obtain top 10 exposure accounts
Obtain the list of stressed accounts (SMA2)
Obtain the list of restructured accounts
Obtain the list of unsecured exposures above Rs. 1 Cr
Early mortality cases
32. 16.Criteria for Classification of
Various Types of Credit Facilities
(a) Term Loans: A term loan is treated as a non-performing asset (NPA) if
interest and/or instalment of principal remain overdue for a period of more
than 90 days.
(b) Cash Credits and Overdrafts: A cash credit or overdraft account is treated as
NPA if it remains out of order as indicated above.
(c) Bills Purchased and Discounted: Bills purchased and discounted are treated
as NPA if they remain overdue and unpaid for a period of more than 90 days.
33. (d) Securitisation: The asset is to be treated as NPA if the amount of liquidity facility
remains outstanding for more than 90 days, in respect of a securitisation transaction
undertaken in terms of guidelines on securitisation dated February 1, 2006.
(e) Agricultural Advances: A loan granted for short duration crops will be treated as
NPA, if the instalment of principal or interest thereon remains overdue for two crop
seasons and, a loan granted for long duration crops will be treated as NPA, if the
instalment of principal or interest thereon remains overdue for one crop season.
(f) Credit Card Accounts: credit card account will be treated as non performing asset
if the minimum amount due, as mentioned in the statement, is not paid fully within
90 days from the payment due date mentioned in the statement as per Circular
DBR.No.BP.BC.30/21.04.048/2015-16 dated July 16 2015. It is further suggested by
RBI that banks should follow this uniform method of determining over-due status for
credit card accounts while reporting to credit information companies (CIC) and for
the purpose of levying of penal charges, viz., late payment charges, etc., if any
34. 17.Cash credit
Important areas to be considered while auditing for cash credits are:
Verification of drawing power
Insurance
Monitoring of accounts
35. DP exceeds sanctioned
limit
DP lower than
sanctioned limit
Amount allowed to
withdraw
Sanctioned
limit
Drawing
Power
18.Verification of drawing power
36. Paid Stocks Debtors Margin
Drawing
Power
Paid Stocks is Stocks less trade payables
Method of
calculation differs
from Bank to bank
and governed by loan
policy of each bank
19.Calculation of drawing power
37. Stock statements to be in the Bank’s prescribed format
Submission of Stock Statement at prescribed interval
Stock statement as on last date of the month.
Age wise classification of Sundry Debtors
No DP on book debts against associate concerns if stipulated in sanction
Quarterly certification of book debts by the Statutory Auditors of the borrower.
Detail of Sundry Creditors provided
Stocks purchased under LC to be shown separately
Margin calculated correctly
Correct entry in system. Penal interest flag for non submission is “ Y”
20.Important points for verification
stock statement
38. Stocks should be fully insured for all risks including fire, earthquake, burglary,
terrorism etc.
Stocks at all locations including stocks with processors need to be covered under
insurance
Bank’s clause in insurance policy
Validity period to be alive
21.Insurance
40. RevenueLeakage
Processing Fee
Interest
Service
Charges
Processing Fee:
Non charging of Processing fee
Non Charging of Processing fee for broken period
Non Charging of Processing fee on non fund based limits
Service Charges:
Non charging of commitment charges
Non Charging of annual lead bank charges
41. Interest:
Non Charging of interest in the account
Reversal of penal interest for non renewal due to back dated history
change
Loan against FDR- Increase in rate of interest of FDR without
corresponding change in the rate of interest of the Loan account
Non charging of penal interest for non submission of stock
statement, non renewal of account
Non charging for penal interest for non compliance of terms of
sanction like failure to obtain external rating
Continuation of charging concessional rate of interest/applicable
charges after the lapse of sanction
Non charging commercial rate of interest from the date of release in
export limits where export has not taken place
Charging of rate of interest lower than applicable rate of interest
Continuation of charging simple interest instead of compounded
interest in case of education loans where repayment has started
42. 23. Operating Framework for
Identifying and Dealing with
Frauds
There are certain areas wherein frauds had shown occurrence or increasing trend
in banks. These areas include:-
loans/ advances against hypothecation of stocks.
housing loans cases.
submission of forged documents including letters of credit.
escalation of overall cost of the property to obtain higher loan amount.
over valuation of mortgaged properties at the time of sanction.
grant of loans against forged FDRs.
over-invoicing of export bills resulting in concessional bank finance,
exemptions from various duties, etc..
frauds stemming from housekeeping deficiencies.
43. Deposit
Taking
• Camouflage of depositors by hiding their identity in connection with funds transfer or
money laundering.
• Unrecorded deposits, theft of customer deposits particularly, from dormant accounts.
Dealing
• Delayed deal allocation represented by no time stamping of deals or alterations or
overwriting on deals sheets.
• Exploiting weaknesses in matching procedures due to absence of proper guidelines
Lending
• Loans to fictitious borrowers, transactions with connected companies, kick backs and
inducements, Selling recovered collateral at below market prices.
• Theft or misuse of collateral held as security.
24. Common fraud risk factors in deposit taking,
dealing and lending activities
44. It involves introducing money in the financial
system by some means.
Placement
It means carrying out transactions generally
complex to camouflage the illegal source.
Layering
It means acquiring wealth generated from the
transactions of the illicit funds.
Integration
25. Money laundering
(Three steps)
45. 26. Methods in which money
laundering takes place
Breaking up of cash into smaller amounts and depositing it in to the bank below
the monitored reporting thresholds.
Physically moving the cash into locations or jurisdictions and depositing it in off
shore banks with lesser stringent enforcement laws and regulations.
Using business typically known to receive revenue in cash to be used to deposit
criminally derived cash.
Trade based laundering – Over or Under Invoicing.
46. 27.Window-dressing
There are several ways in which the deposits of a bank may be inflated for
purposes of balance sheet presentation.
For example, some of the constituents may be allowed overdraft on or around the
date of the balance sheet, the overdrawn amounts may be placed as deposits with
the bank, and Borrowings and Deposits further advances may be given on the
security of the deposit receipts, thus inflating deposits as well as advances.
The transactions may be reversed immediately after the close of the year. Where
the auditor comes across transactions, which indicate the possibility of window-
dressing, he may report the same in his long form audit report. In appropriate
cases, the auditor should consider making a suitable qualification in his main audit
report also.
47. 28.Inter Office Transactions
Issue of remittance instruments like drafts/TTs/MTs on other branches.
Payment of remittance instruments like drafts/TTs/MTs drawn by other branches.
Payment to / receipts from other branches of the proceeds of instruments
received/sent for collection /realization/clearing. Payments made under LCs of other
branches.
Cash sent to/received from other branches.
Payment of instruments like gift cheques/ banker’s cheques/ interest warrants/
dividend warrants/repurchase warrants/refund warrants / travellers cheques, etc.
which are paid by the branch on behalf of other branches which have received the
amount for payment of these instruments from the customers concerned.
48. Wrong identification of the nature of transaction.
Recording of particulars in incorrect fields.
Wrong accounting of bank charges, commission, etc.
Errors in writing the amounts.
Incorrect branch code numbers
Incorrect schedule numbers.
Recording the same transaction twice.
Difference between the closing and opening balances in successive daily statements.
Squaring off the transaction by same amount without checking the transactions
29.Following are the most common
types of error in inter branch
transactions.
49. 30.Service tax Liability of Banks
Full Reverse Charge i.e. 100% amount of Service Tax
Services provided by recovery agent; Sponsorship Services; Arbitral Tribunal and
Legal Services; Services provided by Director; Import of Services; Services of
Transport of Goods by a Goods Transport Agency; Services by way of supply of
manpower for any purpose; Security Services; Services by way of renting of a motor
vehicle designed to carry passengers after availing prescribed abatement [which is
presently 60% of the total amount charged]; and
Services by Government or a Local Authority excluding Renting of Immovable
Property Services, Services by Department of Posts by way of speed post, express
parcel post, life insurance and agency services, Services in relation to an aircraft or a
vessel and Services of transport of goods or passengers
50. Partial Reverse Charge:
In respect of the following taxable services 50% amount of applicable
Service Tax to be paid by Bank under Partial Reverse. The remaining 50%
of the applicable Service Tax shall be charged by the Service Provider in his/its
invoice.
Works Contract Services
Services by way of Renting of a motor vehicle designed to carry passengers without
availing the prescribed abatement i.e. on gross amount charged.
51. 31. Bank Audit in Computerised
Environment
Existing Installation of software's
Purchases
Password Controls
Day Start-up Activities
Transaction Controls
Personnel Controls
Day End Activities
52. 32.Illustrative list of data for
Compiling LFAR
Branch closing instructions.
Instructions of Controlling Authorities w.r.t. various issues.
Organisation chart.
Authorisation level and powers of branch officials.
Previous years’ audit report / LFAR / Tax audit report, inspection report of the branch, concurrent audit
report and compliance thereon.
Various policies (Credit, Investment, Recovery etc.)
Cash retention limit.
Demonetization issues particularly non-compliances of RBI’s directives.
Insurance for cash / cash-in-transit.
Bank confirmations / bank reconciliations.
53. In case of advances of more than Rs. 2 crores sanctioned limit and outstanding
balance. (both funded and non-funded)
List of all advances party-wise and limit-wise.
List of outstanding facility-wise.
List of NPA’s and provisioning thereon.
List of overdues / overdrawing's.
Cases of sanctions not disbursed.
Cases of overdue proposals for review/renewal
Cases wherein stock/ book debt statements and other periodic
operational data and financial statements etc. not received/ not received
timely.
Stock audit reports/ unit inspection reports.
List of borrowers wherein inspection/ physical verification of securities charged
to bank have been carried out by the branch.
List of non-corporate entities enjoying limit more than Rs.10 lakh.
Valuation reports of NPA accounts where outstanding is more than Rs.1 crore
and valuation has been done prior to three years.
54. Status of claims lodged with ECGC/DICGC/CGST.
Details of cases of compromise / settlement and write off involving write off /
waivers in excess of Rs. 50 Lakhs.
Report in desired format of advances of more than Rs. 2 crores.
List of accounts downgraded/ upgraded.(with outstanding in excess of
Rs. 1 Crore)
Listing of expired guarantees.
Details of outstanding amount of guarantees invoked and funded by the
Branch
Details of outstanding amount of letters of credit funded by the branch.
Stock register/ Insurance register/ Stationery draw power register/Cheque book
issuance register/ Cash book/ Sanction register/ Custody register/ DD issued
register/ Document register.
Break up of suspense accounts.
List of sundry deposits/ bills payables/suspense accounts.
List of provisions / prepaid expenses.
List of contingent liabilities
55. List of frauds and follow-up action.
List of security items as at 31st March.
List of fixed assets.
Year-wise break-up of matured deposits.
Schedule of charges (for booking of Income).
System audit report, conducted, if any.
Financial statements of all the quarters of the year under audit.
List of computer system (configuration-wise) and accounting system in
operation.
List of MIS reports / returns submitted to various authorities.
Overdue locker rents / vacant lockers.
Cash withdrawals / deposits of more than Rs.10 lakhs.
ATM cards / pin cards not issued and lying in stock.
Cheque books not issued and lying in stock.
Status of PC anti-virus upgrades.
Number of inoperative accounts and the process of allowing operations thereon.
Number of accounts maintaining balances below prescribed minimum.
Details of customers complaints.
System generated statement for documents time barred by limitation.
58. Disclaimer
The views expressed in the following presentation should not be construed as
the view of ICAI or my firm.
The views opined herein should not be considered as a professional advice
This presentation should not be reproduced in part or in whole, in any manner
or form, without my written permission.
The failure of such may attract civil or criminal liabilities.