E-Age Bank Ltd. has sanctioned a term loan of ₹10 crore to Evergreen Ltd., a media company, for its new FM Radio activity. The company has submitted all the required documents to obtain disbursement of loan from the sanc

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2015
E-Age Bank Ltd. has sanctioned a term loan of ₹10 crore to Evergreen Ltd., a media company, for its new FM Radio activity. The company has submitted all the required documents to obtain disbursement of loan from the sanctioned amount. Before the disbursement, the bank has sought your report as the banker's panel consultant to confirm whether the name of the company appears in the defaulters list of Reserve Bank of India. Give the list of compliance inputs and check-list in this regard.

Answer & Explanation:

Compliance Inputs: Register of Deposits Register of Loans Register of charges maintained under Companies Act, 1956 and 2013. RBI defaulters list Loan Agreements with Bank(s) / financial institution(s), if any Certified copy of the e-forms for creation/modification of charge signed by the company as well as the charge-holder and along with the original/certified copy of the instrument, filed with the ROC; Copies of the instruments creating/modifying charges. Copy of the instrument creating/modifying charge/a copy of debenture of the series, if any, required to be registered; Endorsed copies of documents obtained from the ROC in regard to the creation/ modification/satisfaction of charge; Checklist: Check that the name of the Company or its Director(s) does not appear in the Defaulters list of Reserve Bank of India. Check whether the company has/has not entered into any One Time Settlement (OTS) arrangement with any FI/Bank(s) during the period to which the Report pertains. To search the CIBIL reports of the borrower in all loan cases and commercial CIBIL report in case of firms/companies. CIBIL reports should be analyzed thoroughly viz. whether borrower availed loans from other banks or financial institutions is there any overdue amount. There should be documentary proof to satisfy these irregularities. If mortgage of property is involved in the loan then before proceeding further search should be made on CERSAI or CIBIL Mortgage site to ascertain that there is no mortgage outstanding against the property in any other bank/FI. Assets and liabilities statements of all borrowers must be prepared on prescribed format mentioning full detail of assets & liabilities duly signed by borrower. Credit rating must be done in all the loan cases as per bank's guidelines. Valuation of property to be mortgaged is to be done from valuer on banks panel.

Topics: Due Diligence

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