RBI Governor Raghuram Rajan will
be remembered for his relentless pursuit of India’s monetary policy reforms,
controlling inflation and advocating a stable policy framework. His precise
diagnosis and direction for “deep surgery” for the chronic NPA problems of the
banking sector, especially in public sector banks, is also noteworthy. He
minced no words when he said that routine “band-aid” would not clean up the
balance-sheet mess and put them back on a healthy trajectory.
RBI has been issuing
master circulars from time to time, encompassing entire aspects of ensuring
true and fair financial statements of banks. RBI has insisted that the new
restructured loans, where the borrower has renegotiated the terms of repayment,
must be classified as non-performing assets (NPA) from April 1, 2015, with
provisioning of 15% of the outstanding instead of 5% for restructured loans, so
that banks can take early recovery action or sell NPAs to asset restructuring
companies (a loan turns into an NPA when interest repayments remain due on the
91st day).
Financial audit of
banks are done by statutory central auditors (SCAs) and statutory branch
auditors (SBAs). On the basis of prescribed eligibility criteria determined by
RBI, the CAG prepares graded panel for empanelment and selection of eligible
SCAs and the The Institute of Chartered Accountants of India (ICAI) prepares a
panel for eligible SBAs in PSBs and send the panels for RBI’s scrutiny before
finalisation of the lists. RBI has prescribed the number of SCAs and SCBs to be
appointed to audit large, medium and small PSBs, and for audit of their
branches.
The government had
delegated selection and appointment of SCAs and SCBs to individual PSBs from
2014-15 from the eligible list of firms, giving enough freedom to choose the
auditors of their liking. Banks are free to select statutory auditors from the
list with the approval of the Audit Committee of Board (ACB). The selection of
audit firms as SCAs and SBAs is subject to RBI approval. The independence of
auditors/audit firms is ensured by appointments of SCAs for a continuous period
of three years, subject to satisfying the eligibility norms by the firms each
year; PSBs cannot remove audit firms during the above period without the prior
approval of RBI.
The option to consider
whether concurrent audit should be done by bank’s own staff or external
auditors is left to the discretion of individual banks. A critical issue is
that auditors should be experienced, well-trained and, most importantly, adhere
to applicable accounting and auditing standards, mandatory guidelines and the
ethical code of conduct. Auditors must be able to function independently with
professional autonomy and judgement. Adequate facilities and the requisite
records must be made available to auditors with initial and periodical familiarisation
of the process. Relevant internal guidelines or circulars or important
references including the circulars issued by RBI and/or Sebi and other
regulating bodies must be made available to the concurrent auditors.
Remuneration of
auditors may be fixed by banks following the broad guidelines framed by the
ACB, taking into account coverage of areas, quality of work expected, number of
people required for the job, number of hours to be spent on the job, etc. Banks
may devise a proper reporting system and periodicity of various check-list
items as per risk assessment. Serious irregularities pointed out by the audit
should be straight away reported to the controlling offices or head offices for
immediate action. The findings of the concurrent audit must be placed before
the ACB. An annual appraisal or report of the audit system should also be
placed before the ACB.
Whenever fraudulent
transactions are detected, they should immediately be reported to the
inspection and audit department, and the chief vigilance officer and
controlling officers. Follow-up action on the concurrent audit reports must be
done promptly by the controlling office and inspection and audit department.
When RBI has been insisting on true and fair financial statements by banks
through various notifications, master circulars, guidelines and directions time
and again, why has the banking sector, especially PSBs, been pursuing window
dressing so consistently for years till the position reached the current
imbroglio? Statutory auditors finally certify the accounts true and fair.
Whenever any falsification of accounts on the part of the borrowers is observed
by the banks or financial institutions, the auditors are responsible to bring
it to the notice of the management. Auditors must have to follow auditing
standards, applicable accounting standards, rules and the professional code of
ethics. Being the regulator of chartered accountants, ICAI is duty bound to fix
accountability of auditors if they are found lacking in professionalism and
ethics.
There should be
disciplinary action by ICAI. In fact, ICAI, RBI, the Department of Banking
Supervision and Indian Banks’ Association are mandated to circulate the names
of guilty chartered accountant firms. RBI is required to share such information
with other financial sector regulators, ministry of corporate affairs and CAG.
The lenders can obtain a specific certification from the borrowers’ auditors
regarding diversion/siphoning of funds by the borrower. The rules also specify
that banks and financial institutions may ensure incorporation of appropriate
covenants in the loan agreements to facilitate such certification by auditors.
RBI stipulates that lenders may engage their own auditors for such specific
certification purpose without relying on certification given by borrowers’
auditors for ensuring proper end-use of funds and preventing
diversion/siphoning of funds by the borrowers. Bank must invariably exercise
basic minimum own diligence in the matter.
Master directions
issued by RBI in January 2016 consolidate all regulatory matters under various
Acts and are put on the RBI website. Proper medicine is prescribed for chronic
NPA infection, but what is missing is strict implementation. Creating more
rules, regulators and watchdogs may lead to overlaps, confusion and would prove
to be counterproductive. If prompt administration of extant rules is taken care
of and due diligence is exercised by regulators, bank management, auditors,
audit committee and the board of directors, the NPA crisis can be resolved.
Courtesy The Financial Express.
By: KP Shashidharan The author, a former
director-general in the office of CAG, is working as advisor and consultant to
the Institute of Public Auditors of India