PD Limited which is a public limited Company incorporated on 1st January, 2000 under the provisions of Companies Act, 1956. The main object of the company is to promote the formation and mobilisation of capital and to pr
CS Professional · Forensic Audit · PYQS · December 2019
PD Limited which is a public limited Company incorporated on 1st January, 2000 under the provisions of Companies Act, 1956. The main object of the company is to promote the formation and mobilisation of capital and to promote industrial finance by way of advance, deposits, lending money, to manage the capital, saving and investment, to act as a discount and acceptance. Further, it is also stated that the company can carry on and undertake business of finance and trading, refinance, to act as or carry on the business of consultants, advisors, experts and technical collaborators in matters pertaining, without prejudice to the generality of the foregoing, portfolio management services, syndication of loans, counselling and tie-up of project and working capital, infrastructure of finance, corporate restructuring, corporate planning and strategic planning, foreign currency lending or borrowing, project planning and feasibility, investment counselling, setting up of joint ventures and further perform any other kind of role as an Intermediary or Advisor in the security market. The PD Limited has a wholly owned subsidiary company and that subsidiary company has subsidiary company. These companies are formed for the same objects as of the main company. The company launched various public deposit schemes such as saving deposits, fixed deposits and recurring deposits. The total amount of public deposits collected by the Company amounts to ₹ 1400.00 crores. However only 19% of the above amount has been invested by the company in statutory liquidity ratio. In the year 2019, it is observed that various complaints came to be lodged by the depositors and creditors before statutory agencies like RBI on non-payment of interest and non-return of deposits. It appears that the company has failed to comply with almost all the norms prescribed for a non-banking financial company. The unpaid depositors and creditors filed a petition for the winding-up of the company. Further complaints have been lodged against the directors/promoters alleging fraudulent diversion of money and dishonest misappropriation of funds. The company apparently in financial troubles and is found struggling to pay interest and principal to the depositors. Based on the allegations, Government conducted a preliminary investigation which reveals a misappropriation of nearly ₹ 1000.00 crores. The Government has approached your firm to conduct a Forensic Audit of the PD Limited and its subsidiaries. The scope of the audit has to be formulated on the following allegations made : Non-maintenance of books of accounts and proper records; Diversion and misappropriation of funds, including acquisition of immovable properties at Mumbai and Chennai; Failure on part of the company in non-payment of invest and in repaying the deposits accepted. On the basis of the above, draw up a plan of action which you will adopt to fulfill your work to (suitable assumption may be made by you) indicate your approach in the following areas: (a) Detailed Methodology.
Answer & Explanation:
Detailed Methodology A study of the basic documents of the company and its subsidiaries like the Memorandum of Association, Articles of Association, Minutes books etc. to ascertain whether the organisation have been running the business properly or not. The following are the measures to be taken under detailed methodology: Analyse and investigate the financial records of the company from the beginning. The examining team to be divided into three groups to understand the work and give a comprehensive report. One group to scrutinize and analyse the documents and records. Second group to examine third parties to investigate into the affairs of the said companies. Third group to verify the relevant management standard of the company and its performance. The team to inspect all books of accounts and statutory records and photocopies of all necessary documents to be taken into custody. Details of cash deposits received from various depositors and of non cash payment made by the company to be examined. Certified copies of statement of all bank accounts to be obtained. Further, an examination needs to be held to find out other undisclosed bank account in India and abroad. Examination of records with statutory authorities like Registrar of Companies 'ROC'. Collect the relevant documents regarding the immovable properties from registration authorities. A proper evidential analysis of the entire circumstances on the basis of evidence gathered, examination and inspection of records and interviewing people including depositors. Frequent changes in top management including the Board of Director to be thoroughly investigated along with the flow of power channelized time and again. Refer to relevant guidelines relating to acceptance of deposits by an NBFC to identify apparent non-compliances by the alleged entity. Statutory Audit report and Internal Audit Report of last 5 years to be scrutinized to check for any qualifications. Carry out market intelligence in the form of a site visit to the location of company and its Directors. Disk imaging of directors and KMPs.
Topics: Forensic Audit Process
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