Ramesh Kumar has received the certificate of membership as well as certificate of practice from the Institute of Company Secretaries of India on 31st March, 2019 and now he wants to become a Registered Valuer. Give your

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2019
Ramesh Kumar has received the certificate of membership as well as certificate of practice from the Institute of Company Secretaries of India on 31st March, 2019 and now he wants to become a Registered Valuer. Give your professional advice on the matter and also explain the qualification & disqualification of Registered Valuer to Ramesh Kumar.

Answer & Explanation:

A Company Secretary in practice is recognized to be registered valuer for the asset class "Securities or Financial Assets" under Rule 3 of the Companies (Registered Valuer and Valuation) Rules, 2017. So Ramesh Kumar is recognized to be registered valuer for the asset class "Securities or Financial Assets" under the Companies (Registered Valuer and Valuation) Rules, 2017, as amended. However, he can become a registered valuer once he has at least three years of experience in the discipline. Further, where valuation is required to be made in respect of any stocks, shares, debentures, securities, etc. of a company under the provisions of Companies Act, 2013, it shall be valued by a person having such qualifications and experience and registered as a valuer in such manner, on such terms and conditions as prescribed under Section 247 of the Companies Act, 2013 read with Rule 4 of Companies (Registered Valuers and Valuation) Rules, 2017. To act as an Registered valuer in the Securities or Financial Assets the person should be the Member of the Institute of Chartered Accountants or the Institute of Cost Accountants of India or the Institute of Company Secretaries of India; or MBA/PGDBM specialization in finance or; post graduate degree in finance and should have at least three years of experience in the discipline. Further, the person needs to complete and pass the Valuation Specific Education Course as per syllabus specified under rule 5 of the Companies (Registered Valuers and Valuation) Rules, 2017, as amended. Further, a person is eligible to be a registered valuer if he/she- a. is a valuer member of a registered valuers organisation; b. is recommended by the registered valuers organisation of which he is a valuer member for registration as a valuer; c. has passed the valuation examination under rule 5 within three years preceding the date of making an application for registration under rule 6; d. possesses the qualifications and experience as specified in rule 4; e. is not a minor; f. has not been declared to be of unsound mind; g. is not an undischarged bankrupt, or has not applied to be adjudicated as a bankrupt; h. is a person resident in India; i. has not been convicted by any competent court for an offence punishable with imprisonment for a term exceeding six months or for an offence involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence: Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be registered; k. has not been levied a penalty under section 271J of Income-tax Act, 1961 and time limit for filing appeal before commissioner of income-tax (appeals) or income-tax appellate tribunal, as the case may be has expired, or such penalty has been confirmed by income-tax appellate tribunal, and five years have not elapsed after levy of such penalty; and l. is a fit and proper person. Explanation: - For determining whether an individual is a fit and proper person under these rules, the authority may take account of any relevant consideration, including but not limited to the following criteria- i. Integrity, reputation and character; ii. Absence of convictions and restraint orders; and iii. Competence and financial solvency.

Topics: Due Diligence

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