XYZ Bank Ltd. has sanctioned a term loan for ₹5,000 crore to CXT Ltd. The purpose of the loan is to develop the townships in 5 Smart Cities including Mumbai. The 30% of the loan amount is to be used for Mumbai only. Howe

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2019
XYZ Bank Ltd. has sanctioned a term loan for ₹5,000 crore to CXT Ltd. The purpose of the loan is to develop the townships in 5 Smart Cities including Mumbai. The 30% of the loan amount is to be used for Mumbai only. However, during the verification of the records of the company, it was found that certain land area in Mumbai is a disputed area where the Hon'ble High Court has granted stay till next hearing. You are appointed by the Bank as Secretarial Auditor for making a search report. What are the documents to be inspected by the Secretarial Auditor in the instant case ?

Answer & Explanation:

In the instant case, it is necessary to inspect and retrieve the history of a property right from the original owner of the property to the current owner over a period of time. It provides documents which help determine relevant interests in property of the owner and other individuals, if any, along with the title certificate, 'agreement to sell' with the intended purchaser containing details of the existing mortgage, litigation, condition or claim, which likely to affect the project. In case of the property title Search report, the following documents are considered: Ownership: Status of ownership- sole or joint and the documents stating the same. Deed Copy: Recent deeds in respect to the property. Legal Description: Description of the property in legal parlance. Chain documents: Previous owner of the property. Possession: Actual Possession of the property. Right of way: Easementary Right - the Right of way given to the owner. Leases: Leases on the property which can affect the property status. Mortgage: Whether the property has been mortgaged or not? Tax Payment: Details of tax payment in relation to the property. Bankruptcy Search: Report of bankruptcy of the owner of the property. Municipal Service Lien: Report of unpaid municipal dues like water, sewer, trash etc. Property Restriction: Restriction on sale of property like sale in case of unsound owner. Plot Map: Official copy of Map of the plot. Property Zoning: Property lying under which zone like Ecological Zone, Flood Zone, Earthquake Zone etc. Civil Court Record: Any order of the Civil Court against the property. and other things like Spousal Support Lien Search, Child Support Lien search, Power of Attorney, Special Assessment etc. In case of Company Search report, the professional should go through the various documents maintained by the company which are required for the purpose of the report, some the documents which may require are as under: Various clauses of Memorandum and Articles of Association Forms filed with the Registrar of Companies with receipts. All statutory registers. Verification of financial statement along with notes to accounts and Auditor Report. Report of Internal Auditor. Copies of contracts made between the company and any of the related parties Transfer and Transmission of Share. Instruments creating, modifying or satisfying charges. Various Disclosures from Directors Related Party Transactions. Corporate Social Responsibility (CSR) Directors and Key Managerial Personnel (KMP)

Topics: Secretarial Audit

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