Quick Queries on Register Valuer and Valuation

"Quick Queries on Register Valuer and Valuation”

Quick Queries on Register Valuer and Valuation”
Scope of person who have qualified as Register Valuer u/s 247 of Companies Act?

A valuer shall conduct valuation required under the Act as per these rules and he may conduct valuation as per these rules if required under any other law or by any other regulatory authority.

Valuation report of Register valuer qualified under Section 247 is applicable on valuation under following Laws:

        I.            Valuation under Companies Act, 2013

      II.            Valuation under Insolvency Code: Under Insolvency Code and Insolvency and Bankruptcy Board of India Regulations, 2016 - Registered Valuer means a person registered as such in accordance with the Companies Act, 2013 and rules made thereunder

    III.            Valuation under SEBI : Under SEBI (REIT and InvIT) Regulations, 2016 “valuer” means any person who is a "registered valuer" under section 247 of the Companies Act, 2013 and who has been appointed by the manager to undertake valuation of the REIT assets
Date from which Section and Rules of Register Valuer and Valuation came into effect.

Section 247 of the Act has now come into force w.e.f. 18thOctober, 2017
A person rendering valuation services as on date whether he can continue to provide valuation serviced without complying the condition of this chapter or not?

Yes, as per Rule 11 Any person who may be rendering valuation services under the Act, on the date of commencement of these rules, may continue to render valuation services without a certificate of registration under these rules upto 31st March, 2018.

Therefore, w.e.f. 31.03.2018 he shall not be eligible to provide the valuation services without fulfilling the condition mentioned under these Rules.
Who is the authority to function under these rules?

The CG has delegated the powers to IBBI to function as authority under these rules.
Whether a unregistered partnership firm can apply for the register valuer?

No, an unregistered partnership firm can’t apply for the same.
Only a “partnership entity” means a partnership firm registered under the
Indian Partnership Act, 1932
Mandatory condition to become Register Valuer.

There are three mandatory conditions to become register valuer:

        i.            Education Qualification (as per rule 4)
      ii.            Experience (as per rule 4)
    iii.            Passing of Valuation examination (as per rule 5)
Whether there is any time period of making of application for register valuer after passing of examination?

Yes, as per Rule 3(1) (c) Person have to make the application for registration as valuer within 30 year of passing of examination.
Whether a person resident outside India can become register valuer?

As per Rule 3(1) (g) only a person resident in India can become register valuer.

Clause (v) of section 2 of the Foreign Exchange Management Act, 1999 ‘a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year’. 
Whether a Company can be registered as register valuer.
If yes, then what are the conditions forregistration?

Yes as per Rule 3(2)(a)  a Company can be register as valuer by fulfilling the conditions.
Primary Condition:
·         it is not a subsidiary, joint venture or associate of another company or body corporate
·         it has been set up for objects rendering professional or financial services, including valuation services
·         three or all the directors, whichever is lower, of the company, are registered valuers; or
Qualification to become register valuer?

Post Graduate:
·         Post Graduate diploma in Specific discipline
·         At least 3 year experience in specific discipline

Bachelor Degree:
·         Bachelor degree in Specific discipline
·         At least 5 year experience in specific discipline

Member of ICSI / ICSI / ICWA
·         3 years after membership experience
·         Any one qualification mentioned above
What is the meaning of Specific discipline?

Specific discipline which is relevant for valuation of an asset clause for which the registration as a valuer is sought under.

In general language, specific experience in valuation of that particular class of assets in which registration as valuer is applying.
Whether there is any limit for appearance for valuation exam?

An individual may appear for the valuation examination any number of times.
What is the Form no. for application as register valuer

Individual: Application shall be made in form A of Annexure II.
Partnership Firm: Application shall be made in form B of Annexure II.
How much is the registration Fees?

Individual : Rupees 5,000/-
Partnership : Rupees 10,000/-
Whether a register valuer can do valuation of class of assets other than in which he is registered?

A registered valuer, not conduct valuation of the assets or class(es) of assets other than for which he/it has been registered by the authority
Whether a register valuer can transfer its membership one registered valuers organization to another?

With the prior permission of the authority register valuer can  shift its membership from one registered valuers organization to another
Time period for maintenance of record of documents after completion of valuation.

Register valuer shall maintain the record of each assignment undertaken by him for at least three years from the completion of such assignment.

Power of the Authority.

The authority may cancel or suspend the registration of a valuer or recognition of a registered valuers organization for violation of the provisions of the Act
Punishment for Contravention of Rules.

He shall be punishable in accordance with sub-section (3) of section 469 of the Act.
Punishment for False statement in Report.

If in any report, certificate or other document required by, or for, the purposes of any of the provisions of the Act or the rules made thereunder or these rules, any person makes a statement,—

(a) which is false in any material particulars, knowing it to be false; or
(b) which omits any material fact, knowing it to be material,

he shall be liable under section 448 of the Act.
Code of Conduct for Register Valuer.

·         Integrity and Fairness
·         Professional competence and Due care
·         Independence and disclosure of Interest
·         Confidentiality
·         Information Management
·         Gifts and Hospitality
·         Remuneration and cost
·         Occupation, employability and restrictions.
Which is the assets class in which Company Secretaries, Chartered Accountants are allowed to getregister as register valuer.

As per annexure IV, Company Secretarial and Chartered Accountants are allowed to get register as register valuer in the field of “Securities of Financial Assets”.
Requirement of Education qualification, experience and Valuation specific education course for valuation of Securities or Financial Assets by member of ICSI / ICAI / ICMA.

        i.            Education Qualification:
Member of the Institute of Chartered Accountants or The Institute of Cost Accountants of India or the Institute of Company Secretaries of India;

      ii.            Experience:
Three years of experience in the discipline.

    iii.            Courses as per syllabus specified under rule 5 of the Valuation Rules.

In case a partnership entity or company is the registered valuer, allow only the partner or director who is a registered valuer for the asset class (es) that is being valued to sign and act on behalf of it.

Rounded Rectangle: (Author – CS DiveshGoyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION. 



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