Understanding Internal and Statutory Audits in Non-Banking Financial Companies

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Internal and Statutory Audits in NBFCs

Non-Banking Financial Companies (NBFCs) are financial institutions that offer banking services without a banking license. NBFCs are subject to regulatory scrutiny by the Reserve Bank of India (RBI) and other financial regulatory authorities. One of the key regulatory requirements for NBFCs is to conduct internal and statutory audits. In this article, we will discuss the importance of internal and statutory audits for NBFCs and the key differences between these two types of audits.

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Short Glimpse

Non-Banking Financial Companies (NBFCs) play a crucial role in the Indian financial system, providing essential financial services and products to millions of customers. NBFCs function as an intermediary between lenders and borrowers, mobilizing funds and offering loans and other credit facilities. As such, it is essential for NBFCs to maintain the highest levels of transparency, accountability, and compliance in their operations.

Internal and Statutory audits are critical tools for ensuring that NBFCs adhere to the highest standards of governance and compliance. In this article, we explore the importance of internal and statutory audits in NBFCs and how they help to maintain the integrity of the financial system. Let us now move on to discuss about Internal And Statutory Audits In Non-Banking Financial Companies in great detail.

Meaning of Internal Audit

An internal audit is an independent and objective review of an organization’s operations, financial reporting, and compliance with laws and regulations. Internal audits are typically conducted by an internal audit team or a third-party audit firm. The purpose of an internal audit is to identify areas of weakness and opportunities for improvement within an organization’s operations and financial reporting.

Meaning of Statutory Audit

A statutory audit is a mandatory audit of an organization’s financial statements and records. Statutory audits are conducted by a registered auditor who is independent of the organization being audited. The purpose of a statutory audit is to provide an opinion on whether the financial statements of an organization provide a true and fair view of its financial position and performance.

Importance of Internal and Statutory Audits in Non-Banking Financial Companies 

The following are the importance of Internal and Statutory Audits in Non-Banking Financial Companies:

  • Importance of Internal Audits in NBFCs: Internal Audits are critical for NBFCs as they help to identify and mitigate operational risks and ensure that the organization is compliant with applicable laws and regulations. Internal audits can help to improve the efficiency and effectiveness of the organization’s operations, identify areas for improvement, and provide recommendations for enhancing the organization’s performance.
    Internal audits can also help NBFCs to detect and prevent fraud, errors, and other irregularities. By conducting regular internal audits, NBFCs can identify potential risks and vulnerabilities in their operations and take appropriate measures to mitigate those risks.
  • Importance of Statutory Audits in NBFCs: Statutory Audits are critical for NBFCs as they help to ensure that the organization is compliant with applicable laws and regulations. Statutory audits are conducted in accordance with the Generally Accepted Auditing Standards (GAAS) and the International Financial Reporting Standards (IFRS). Statutory Audits can help to detect and prevent financial fraud, misappropriation of funds, and other financial irregularities. Statutory auditors are required to examine the organization’s financial statements and other financial records to ensure that they are accurate, complete, and comply with applicable accounting standards.

Scope of Internal and Statutory Audits in Non-Banking Financial Companies

The following are the Scope of Internal and Statutory Audits in Non-Banking Financial Companies:

  • Scope of Internal Audits in NBFCs: Internal audits are an essential tool for NBFCs to identify and mitigate risks and ensure compliance with internal policies and regulatory requirements. The scope of internal audits in NBFCs may include the following areas:
  • Loan Portfolio: Internal audits may review the NBFC’s loan portfolio to ensure that loans are disbursed in accordance with the organization’s credit policy and that adequate due diligence is conducted before approving loans.
  • Operational Efficiency: Internal audits may evaluate the effectiveness of the NBFC’s operational processes, such as loan disbursement, loan recovery, and customer service, to identify areas for improvement.
  • Risk Management: Internal audits may assess the NBFC’s risk management framework to ensure that risks are identified, measured, monitored, and mitigated in accordance with the organization’s risk appetite.
  • Compliance: Internal audits may review the NBFC’s compliance with applicable laws and regulations, including the RBI guidelines, and identify areas where the organization needs to improve its compliance procedures.

Scope of Statutory Audits in NBFCs

Statutory Audits are mandatory for all NBFCs, and the scope of these audits is determined by the regulatory requirements of the RBI and the Companies Act, 2013. The following areas are typically covered in Statutory Audits:

  • Financial Statements: Statutory auditors review the NBFC’s financial statements, including the balance sheet, income statement, and cash flow statement, to ensure that they comply with accounting standards and accurately reflect the organization’s financial position.
  • Internal Controls: Statutory auditors assess the NBFC’s internal controls to ensure that the  organization has adequate processes in place to prevent fraud and error.
  • Regulatory Compliance: Statutory auditors review the NBFC’s compliance with regulatory requirements, including the RBI guidelines and the Companies Act, 2013, to ensure that the organization is operating within the boundaries of the law.
  • Loan Portfolio: Statutory auditors review the NBFC’s loan portfolio to ensure that loans are disbursed in accordance with the organization’s credit policy and that adequate due diligence is conducted before approving loans.

Objective of Internal and Statutory Audits in Non-Banking Financial Companies

The objective of Internal and Statutory Audits in Non-Banking Financial Companies is:

  • Internal Audits: Ensuring Operational Efficiency: Internal audits are conducted by the internal audit team of the NBFC. The primary objective of internal audits is to ensure that the operations of the NBFC are efficient, effective, and in compliance with the company’s policies and procedures. The internal audit team evaluates the internal controls of the NBFC and makes recommendations for improvement. Internal audits also help identify potential risks and help the NBFC to take proactive measures to mitigate them. The internal audit team performs various tests to ensure that the NBFC is complying with its policies and procedures. These tests may include evaluating the NBFC’s financial statements, assessing the effectiveness of internal controls, reviewing the NBFC’s risk management framework, and verifying the accuracy of the NBFC’s records.
  • Statutory Audits: Ensuring Regulatory Compliance: Statutory audits are conducted by external auditors who are appointed by the NBFC’s board of directors. The primary objective of statutory audits is to ensure that the NBFC is complying with the rules and regulations laid down by the regulatory authorities. Statutory audits are mandatory under the Companies Act, 2013, and the Reserve Bank of India (RBI) regulations for NBFCs. Statutory audits cover various aspects such as financial statements, compliance with regulatory requirements, and adherence to accounting standards. The external auditors provide an independent assessment of the NBFC’s financial statements, internal controls, and compliance with regulations.

Benefits of Internal and Statutory Audits in Non-Banking Financial Companies

The benefits of Internal and Statutory Audits in Non-Banking Financial Companies are as follows:

  • Benefit of Internal Audit in NBFCs: Internal audit is an independent, objective assurance, and consulting activity designed to add value and improve an organization’s operations. The internal audit function in an NBFC plays a crucial role in ensuring the smooth functioning of the organization. The benefits of internal audit in NBFCs are:
  • Risk Management: Internal audit helps in identifying the potential risks associated with the NBFC’s operations and provides recommendations to mitigate those risks.
  • Process Improvement: Internal audit identifies the gaps in the existing processes and provides recommendations to improve them. This helps in streamlining the operations and reducing the turnaround time.
  • Compliance: Internal audit ensures compliance with regulatory requirements and guidelines, thereby reducing the risk of penalties and legal action.
  • Fraud Detection: Internal audit helps in detecting fraudulent activities and taking corrective action.

Benefit of Statutory Audit in NBFCs

Statutory audit is a legal requirement for all companies, including NBFCs. It is conducted by a qualified external auditor who provides an independent opinion on the financial statements of the company. The benefits of statutory audit in NBFCs are:

  • Accuracy of Financial Statements: Statutory audit ensures the accuracy and reliability of the financial statements. This helps in building trust among the stakeholders, including investors, lenders, and customers.
  • Compliance: Statutory audit ensures compliance with various regulatory requirements and guidelines, including the Companies Act, RBI regulations, and other relevant laws.
  • Fraud Detection: Statutory audit helps in detecting fraudulent activities and taking corrective action.
  • Improved Governance: Statutory audit helps in improving the governance of the NBFC by ensuring that the management follows the best practices and complies with the relevant laws and regulations.

Key Differences between Internal and Statutory Audits in NBFCs

Internal Audits and Statutory Audits serve different purposes and are conducted by different parties. Internal audits are conducted by internal auditors who are appointed by the management of the NBFC, while statutory audits are conducted by external auditors who are independent of the NBFC and appointed by the shareholders of the company.

The Scope of Internal Audits is broader than that of Statutory Audits. Internal audits cover a wide range of areas, including operations, financial statements, compliance with laws and regulations, and internal controls. Statutory audits, on the other hand, primarily focus on the financial statements of the company and compliance with laws and regulations.

Another key difference between Internal and Statutory Audits is the frequency of the audits. Internal Audits are conducted at regular intervals throughout the year, while Statutory Audits are conducted once a year.

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Takeaway

Internal and Statutory Audits are essential components of the risk management framework of NBFCs. These audits help NBFCs to identify risks and weaknesses in their systems and processes and take corrective actions to mitigate these risks. Internal audits are conducted by internal auditors who are appointed by the management of the NBFC, while statutory audits are conducted by external auditors who are independent of the NBFC and appointed by the shareholders of the company. Both types of audits serve different purposes and are conducted with different scopes, but they are equally important in ensuring the financial health and stability of NBFCs.

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CS Urvashi Jain is an associate member of the Institute of Company Secretaries of India. Her expertise, inter-alia, is in regulatory approvals, licenses, registrations for any organization set up in India. She posse’s good exposure to compliance management system, legal due diligence, drafting and vetting of various legal agreements. She has good command in drafting manuals, blogs, guides, interpretations and providing opinions on the different core areas of companies act, intellectual properties and taxation.

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