Prepare a brief note on Right to Access Records and Methodology for Diligence Reporting.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
Prepare a brief note on Right to Access Records and Methodology for Diligence Reporting.

Answer & Explanation:

To enable the practicing company secretary (PCS) to issue the Diligence Report, the Company (borrower) should provide the PCS access at all times to the books, papers, minutes books, forms and returns filed under various statutes, documents and records of the company, whether kept in pursuance of the applicable laws or otherwise and whether kept at the registered office of the company or elsewhere which he considers essential for the purposes of Diligence Reporting. The PCS shall be entitled to require from the officers or agents of the company such information and explanations as he or she may think necessary for the purpose of such Reporting. However, depending on the facts and circumstances, he/she may obtain a letter of representation from the company in respect of matters where verification by PCS may not be practicable, for example matters like – disqualification of directors; show cause notices received; persons and concerns in which directors are interested, etc.

Topics: Due Diligence

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