Chapter-9 Provisions on Accounts, Records, Details and Reporting

Chapter-9 Provisions on Accounts, Records, Details and Reporting

58. Accounts to be Maintained Accurately: (1) Banks or financial institutions shall maintain their accounts, books, records accurately and in an up to date manner.
(2) The accounts to be maintained pursuant to Sub-Section (1) shall have to be maintained according to recognized principles of the double entry book keeping system reflecting the exact status of transactions of the bank or financial institution.
(3) Without prejudice to the generality of Sub-Sections (1) and (2), a licensed branch or office of a foreign bank or financial institution obtaining license shall prepare and maintain financial statements including separate accounts, books and records of its assets, liabilities, income and expenses and profit and loss accounts.
(4) Unless otherwise approved by the Rastra Bank, the accounts and other statements to be maintained pursuant to Sub-Section (1) shall be maintained at its central office.
59. Balance-sheet, Profit and Loss Accounts to be Prepared: (1) Banks or financial institutions shall prepare and maintain its balance-sheet, profit and loss account and cash
flow statement and other statements in such format and in such manner as prescribed by the Rastra Bank.
(2) Banks or financial institutions shall submit their balance-sheet and profit and loss account to the Rastra Bank within three months of the completion of each fiscal year and details of such balance-sheet and profit and loss account shall be made public for information of the general public as prescribed by the Rastra Bank within that period. Banks or financial institutions shall make public the audited balance-sheet of Fiscal Year and profit and loss accounts of the transactions within and outside Nepal in such formats as prescribed within nine months of the next fiscal year.
(3) If a bank or financial institution has a subsidiary company, the balance-sheet and profit and loss accounts and status of the transactions of business of the subsidiary company and parent company shall be maintained separately as well as in an integrated manner.
(4) The format, contents, methods of certification and details of the matters to be made public in the balance-sheet and profit and loss accounts to be prepared by a bank or financial institutions pursuant to this Chapter shall be as prescribed or directed by the Rastra Bank.
(5) If the Rastra Bank doubts that a matter made public by a bank or financial institution pursuant to Sub-Section (2) is erroneous, incomplete, misleading or false, it may cause by giving a notice in writing the concerned bank or institution to do the following:-
(a) To publicize the matters omitted or not stated, or
(b) To re-publicize the details which are erroneous, incomplete, misleading or false by correcting them, or
(c) To publish by making correction of the matters as required by directives of the Rastra Bank.
60. Audit Committee: (1) The Board of Directors of a bank or financial institution shall constitute an Audit Committee comprising three members under the convenorship of a non-executive Director.
(2) The Chairperson of a bank or financial institution, convener of the sub-committee and the Chief Executive shall not work in the audit committee referred to in Sub-Section (1).
(3) Members of the committee referred to in Sub-Section (1) shall not be entitled to be engaged in collecting deposits, disbursing credits, investing in securities, and making decisions in any daily transaction that requires for making expenses out of the approved budget.
(4) Except where a meeting has been called by the Board of Directors, meeting of the Audit Committee shall normally be held once in three months.
(5) Procedures of the meetings of the Audit Committee shall be as determined by the committee itself.
61. Functions, Duties and Powers of the Audit Committee: Functions, duties and powers
of the Audit Committee shall be as follows:-
(a) To ascertain whether or not the accounts, budget and internal auditing procedures, internal control mechanism of the bank and financial institution are appropriate and if they are appropriate, to carry out monitoring and supervision as to whether or not they are complied with,
(b) To cause to carry out internal auditing of the accounts and books of records of the bank or financial institution and to ascertain as to whether or not such documents have been prepared accurately according to the prevailing laws, regulations and directives of the Rastra Bank,
(c) To conduct or to cause to be conducted regularly auditing of the management and operation, managerial and work performance of the bank or financial institution to ensure that the laws in force in the bank or financial institution are fully complied with,
(d) To carryout monitoring as to whether or not activities have been carried out according to this Act or Rules made thereunder, Byelaws, policies or the directives issued in the bank or financial institution and to submit the report thereof to the Board of Directors,
(e) To recommend the names of three auditors for appointment of the external auditor,
(f) To furnish opinion on matters as requested by the Board of Directors.
62. Auditing: (1) A bank or financial institution shall, within four months from the date of completion of the Fiscal Year, prepare the balance sheet, profit and loss account, cash flow statement and other financial statements in such formats and according to such methods as specified by the Rastra Bank and get the external audit carried out. Such financial statements shall be signed by at least two Directors, the Chief Executive and the auditor:
Provided that in the case of a branch office of a foreign bank or financial institution carrying out financial transactions with the approval from the Rastra Bank, it shall be as prescribed by the Rastra Bank.
(2) In cases bank or financial institution that has failed to the auditing to be carried out within the period referred to in Sub-Section (1) makes a request for an extension of time for the auditing stating reasonable cause, the Rastra Bank may extend the period upto two months.
(3) The external auditor shall submit the report of auditing performed by him or her to the concerned bank or financial institution and the Rastra Bank as well.
63. Appointment and Remuneration of Auditor: (1) The appointment of an auditor shall be made by the General Meetings of a bank or financial institution.
(2) The General Meeting shall not appoint the same auditor for more than three consecutive terms.
(3) While appointing an auditor pursuant to Sub-Section (1), the General Meeting shall appoint a Chartered Accountant in the case of obtaining a licensed bank or financial institution of Class “A” or “B” or “C”, and a Chartered Accountant or a Registered Auditor in the case of a Class “D” bank or financial institution obtaining a license.
(4) If a bank or financial institution did not or could not appoint an auditor pursuant to Sub-Section (1), the Rastra Bank may appoint the auditor.
(5) If, for any reason, the position of an Auditor falls vacant, the Board of Directors shall appoint another Auditor for the remainder of the term.
(6) The remuneration of an auditor of a bank or financial institution shall be as determined by the Rastra Bank in cases where the auditor has been appointed by the Rastra Bank; as determined by the General Meeting in cases where the Meeting has appointed and as determined by the Board of Directors, in cases where the Board has appointed the Auditor.
64. Ineligibility for Appointment as Auditor: Any of the following persons or any firm, company or institution in which such a person is a promoter or partner shall not be eligible to be appointed as an auditor of a bank or financial institution: –
(a) A promoter, Director, Chief Executive of a bank or financial institution or his\her family member,
(b) An office bearer, employee or internal auditor of a bank or financial institution,
(c) A person working as a partner of any promoter, executive chief or employee of a bank or financial institution,
(d) A borrower of a bank or financial institution, a person with significant ownership or the relevant person or a person having financial interests,
(e) A person who has been declared bankrupt in Nepal or abroad,
(f) A person, firm, company or institution having subscribed one percent or more shares of a bank or financial institution,
(g) A person, who has been convicted of any criminal offense by a court and a period of five years has not been lapsed after he\she served such a punishment,
(h) A person, who is disqualified to become an auditor according to the prevailing laws.
(2) If any person appointed as an auditor of a bank or financial institution is found to be ineligible pursuant to Sub-Section (1), his/her appointment shall be deemed to have been ipso facto void
65. Details to be Furnished: (1) A bank or financial institution shall, at all times, provide all such accounts, records, books, ledgers and other statements as demanded by an auditor in the course of performing audit.
(2) For the purpose of Sub-Section (1), the officer, responsible for providing accurate statement or answer as demanded, shall also furnish forthwith accurate statement or answer to the queries made by an auditor.
66. Functions, Duties and Powers of Auditor: (1) The functions, duties and powers of an auditor shall be as follows:-
(a) To conduct auditing of accounts and financial statements,
(b) To prepare an audit report by including audited accounts, balance-sheet, and profit and loss accounts and to submit them to the Board of Directors of the bank or financial institution,
(c) If it is found that irregularities were committed in the activities of a bank or financial institution or business were not being carried out in an appropriate manner and such matters may cause harms or loss to the bank or financial institution, to inform the same to the Board of Directors,
(d) To inform the Rastra Bank, if any of the following situation is like to arise:-
(1) Violation of the terms and conditions as prescribed by the Rastra Bank during issuance of the license or violation this Act or Rules, Byelaws, Directives framed under this Act,
(2) To cause adverse effect on the regular activities of the bank or financial institution,
(3) To prevent the auditor from submitting the audit report or ask to prepare a false audit report.
(2) An auditor shall have the power to inspect all documents the concerning accounts including ledger, books, account, voucher, and goods at any time and he or she may seek answers or explanations from a Director or office bearer of a bank or financial institution on matters, as he or she may deem necessary, in the course of performing his/her duties and carrying out his/her functions in an appropriate manner.
(3) An auditor shall specify the following matters in his/her report clearly:-
(a) Whether or not replies to the queries as per the demand were provided,
(b) Whether or not the balance sheet, off-balance sheet transactions, profit and loss account, cash flow statements and other financial statements, and so on have been prepared in such a format and in accordance with such procedures as prescribed by the Rastra Bank,
and whether or not they actually matched with the accounts, records, books and ledgers maintained by the bank and financial institution,
(c) Whether or not the accounts, records, books and ledgers have been maintained accurately in accordance with the prevailing laws,
(d) Whether or not any office bearer of the bank or financial institution has committed any act contrary to the prevailing laws or committed any irregularity or caused any loss or damage to the bank or financial institution,
(e) Whether or not credits have been written off as per the Credit Write-off Byelaws or directives of the Rastra Bank,
(f) Whether or not the transactions of the bank or financial institution have been carried out in a satisfactory manner as prescribed by the Rastra Bank,
(g) Matters to be informed to the shareholders,
(h) Matters prescribed by the prevailing laws and other matters as prescribed by the Rastra Bank requiring to be specified in the audit report by the auditor,
(i) Other suggestions which the auditor deems necessary to be furnished.
(4) The Rastra Bank may, upon receipt of the audit report, if it deems necessary, order the auditor of the bank or financial institution to carry out the following additional functions:-
(a) To submit additional information as required by the Rastra Bank concerning auditing,
(b) To further widen the scope of auditing of the bank or financial institution or its subsidiary company,
(c) To carry out other tests as specified by the Rastra Bank or recommended to the bank or financial institution in any particular subject.
67. Recommendation for taking actions against Auditor: (1) The Rastra Bank shall recommend to the concerned regulating authority to remove the name of an auditor, who
does not perform his/her duties as set forth in this Act, from the panel of the auditors prohibiting him/her to carry out audit of any bank or financial institution for one year to three years.
(2) In cases where recommendation has been received pursuant to sub-section (1), the concerned regulating agency shall take actions against such an auditor under the prevailing laws.
68. Auditor to Certify: An auditor shall mark any certify the accounts, records, books and ledgers audited by him/her by putting his /her signature thereon and also mentioning therein the date on which he/she has audited them.