under RERA S R L amp Co Chartered Accountants Vadodara CALalit Raithatha CA Rachit Somani CA Sakshi Somani Address A14 4 th Floor Earth Artica Vasna Bhayli Road Vadodara ID: 808036
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Slide1
Audit and certificationunder RERA
S R L & Co.
Chartered Accountants
Vadodara
CA.Lalit Raithatha CA. Rachit Somani
CA. Sakshi Somani
Address: A/14, 4
th
Floor, Earth Artica, Vasna Bhayli Road, Vadodara
Phone:07487888555
Slide2Penal Action - GUJARAT REAL ESTATE REGULATORY AUTHORITY (GENERAL) REGULATIONS, 2017
Rule 4 :
Explanation
2: If the Form 5 issued by the statutory auditor reveals that any certificate issued by the project architect, engineer or the chartered accountant has false or incorrect information and the amounts collected for a particular project have not been utilized for the project and the withdrawal has not been in compliance with the proportion to the percentage of completion of the project, the Authority, in addition to taking penal actions as contemplated in the Act and the Rules, shall also take up the matter with the concerned regulatory body of the said professionals of the architect, engineer or chartered accountant, for necessary penal action against them, including cancellation of registration of membership for practice as such. Displaying of plans etc
.,
Refer case of Ratanben H Patel CMP/Ahmedabad/180920/0130 of Gujarat RERA - Matter refer to ICAI
Slide3FORM 3
Quarterly Return filling and at the time of Registration
Certification is governed by guidelines issued by ICAI – Certificates and audit under RERA
Guidance note on reports or certificates for special purposes (Revised 2016)
Using the Work of Expert – Auditing Standard
Slide4Sequence of Certificate
Form 1 and Form 2 to be certified by Professionals
To get the unaudited books from Client
Review the data and make sure that it is not materially misstated
Check the progress reported in Form 1 and Form 2
Management representation to include the below points
Budget and Actual Expenses
Declaration that We have relied on unaudited number
Declaration of Form 1 and Form 2 data and required information has been given to professional
Having all required permission to carry out the construction activity
Numbers are unaudited and not materially misstated
Declaration for unsecured loans if any
Slide5Other Documentation and Checking
Bank balance of all bank accounts should match with Bank statement
Signed bank statement, Profit and Loss Account and Balance Sheet
Signed area sheet and Budgeted price of Units
Advance received as per Form 3 and Books should match – Difference should be documented
Test check with Agreement to sale
Should compare the opening balance of every year with audited books or with income tax return to verify
Slide6Form 5
Form 5 Required to be submitted with in 6 month of completion of Financial year
Required to be submitted by every promoter along with audited accounts
If accounts are not required to be audited under any other Act – Audit is required for RERA purpose.
Form 3 and Form need to be signed by different professional
Form 3 Certification and Statutory
Audit by same CA
Form 5
– Need to be signed by other CA
Form 5
Certification and Statutory Audit by same CA
Form 3 – Need to be sign by other
CA
Books not under Audit
Required
to be signed for RERA purpose
Slide7Form 5
Whether Separate RERA bank account has been opened as envisaged in Gujarat RERA Bank Account Direction,2018?
Whether existing operational Bank Account was made known at the time of application for registration as RERA bank Account?
Details of RERA Bank account as registered with Gujarat RERA – Mention all the bank accounts if there has been a change in bank account registered with RERA
In case change in RERA Account, whether approval is taken form RERA Authority?
Whether any of the form 3 issued during the certificate period mandated deposit of 100% of the money collected from the booking of the project units?
If yes then report Name of professional and certificate date
Slide8Form 5
Whether the required proportion of money collected from the allottes deposited in RERA account?
No then Report amount deposited other than RERA account
In case of new project registration, whether there was any booking taken prior to project registration ?– Report number of units, Amount Collected and sales price of such units.
Whether all amounts withdraw from RERA bank account were within the withdrawal limit as certified under the relevant form 3 issued during the reporting period? – if no then report Period and Excess amount withdrawn
Whether fixed deposit was created out of funds created out of funds deposited in RERA bank account? – Whether any lien is created on such fixed deposits?
Slide9Form 5
Whether there has been any instance of receipt of consideration in excess of 10% of apartment value without entering into a registered agreement for sale? – Provide unit number, total consideration and amount received in excess of 10%?
Whether the project is executed by availing any loans/borrowings? – Name of lender, Amount of Loan sanction, Sanction date, Loan outstanding…………..,Collateral Mortgage security.
If yes to above ,whether promoter has mortgaged or created a charge on any booked unit?
Whether any discrepancy noticed in forms 1,2 and 3 with reference to their issuance in accordance with the RERA act, rules and regulations?
Any other things not covered elsewhere