One of the areas of coverage by the Diligence Report to be obtained by banks is the foreign currency exposure of their borrowers. X Bank Ltd. has appointed you, a Practicing Company Secretary, to provide a Diligence Repo

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2019
One of the areas of coverage by the Diligence Report to be obtained by banks is the foreign currency exposure of their borrowers. X Bank Ltd. has appointed you, a Practicing Company Secretary, to provide a Diligence Report on one of its proposed borrowers who is in export/import business. Provide a check list of items of foreign currency exposure of the borrower, you would verify and the sources of their verification, to complete your Diligence Report.

Answer & Explanation:

S. No. Type of Exposure Source for Verification Packing credit in Foreign currency Packing credit loan ledger supported by Bank Advice for each disbursement. Internal MIS including Trial Balance. Post shipment credit in Foreign Currency Post shipment loan Ledger. Bill-wise advise from bank. Trial Balance/Internal MIS. Export Collection Bills. Advance against FOBCs. Foreign Currency Loans Last Audited Balance Sheet. Bank Advise for disbursement of the loan. Loan Ledger. Statement of Account from Lender (Bank). External Commercial Borrowings Reporting of loan agreement details under FEMA, 1999. Form ECB-2 under FEMA, 1999 (Details of actual transaction of Foreign Currency Loan/ Financial Lease other than short-term Foreign currency Loans). Last Interest fixation notification from the Lender. Loan Ledger. Foreign Currency Convertible Bond (FCCB) Issuance Approval (if applicable). Form ECB-2 (if applicable). Board Memorandum copy on FCCB reporting. Information filed with Stock Exchange. American Depository Receipt (ADR) Board Resolution for issuance of ADR. Copy of listing agreement filed with NYSE or NASDAQ. Statement from RTA. Loans from Non Residents J.V. Partner: Copy of loan agreement. Promoter/Director: Copy of FIRC. Others (In all cases :): Ledger account extract.

Topics: Due Diligence

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