FORMATION & AUDIT OF NGO’s Dr.V.Bastin Jerome Assistant Professor of Commerce St.Joseph’s College, Trichy - 2

Formation of NGO’s

Constituents Trust - Registered document Society - Registrar of Societies Company - Sec. 25 of the Companies Act, 1956

Trust No separate Act Trust Deeds can be registered Settler Corpus Trustees Trust Deed

Trust Deed On a stamp paper as per stamp duty payable on the corpus amount. Must clearly and broadly define objects Strength of Board of Trustees Powers of the Trustees / remuneration / benefits Broad guidelines for management of trust On dissolution

Societies Status - Delhi / state - All India

Societies In state level at least 7 promoters (not blood related) In all India level at least 8 promoters from 8 different states of India

Societies Memorandum of Association - name - objects - profits/benefits to promoters/board members - dissolution clause - subscribers

Societies Rules & Regulations - define rules of membership - define rules for elections - define powers, duties and responsibilities of the board and each office bearer - define broad parameters of governance

Societies Registration - covering letter in a file cover - power of attorney - confirmation from secretary / president - NOC for registered office - Memorandum of Association & Rules and Regulations signed by each promoter on each page - proofs of addresses for all promoters

Societies Certificate of Registration Certified copies from Registrar of - Memorandum of Association - Rules & Regulations

Societies Registrations - PAN - TAN - u/s 12AA of Income Tax Act - u/s 80G of Income Tax Act - IEC code - VAT

Societies Establish bank account Deposit membership fee Start members register

Companies Registration process as usual - apply for name of approval - apply for license to operate as a company registered u/s 25 of the Companies Act 1956 - after obtaining license submit papers for incorporation - certificate of incorporation issued to mention that the company is registered u/s 25 of the Companies Act 1956

Audit of NGO’s

Types of Audit 1. Transaction based audit 2. System / Risk based audit 3. Project based audit 4. Donor based audit 5. Efficiency audit 6. Compliance / Statutory audit - Income Tax - FCRA - Registering authority

Engagement Appointment by appropriate authority Engagement letter Scope of audit Reporting requirements Fee

Audit approach “Knowledge of business” objects ; activities Audit objectives Audit plan Audit process Resources

Transaction based audit System / Risk based audit Compliance / Statutory audit (as usual)

Project based audit Understand activity under the project Budget for the project Separate bank account / books of accounts Direct revenues from the project - grants - donations - revenue incomes Direct project expenses – nature Allocation of expenses to projects Projects utilization certificates

Donor based audit Donor sanction letter Terms & Conditions Budget Reporting requirements

Corpus / Endowment fund Unutilized Grants Separate books of accounts for - foreign grants - local grants - revenue Accrual vs cash system of accounts Receipts and payments accounts

Efficiency audit Donors / Governing body / Trustees Verification of expenses beyond accounting External help of specialists Common sense / matured judgment Team leaders

Computerized Environment Size of NGO / No. of transactions Familiarity with software in use Asses software controls Use auditing softwares Remain abreast with technology

Statutory Compliances Income Tax Act FCRA / FEMA / RBI Registration laws Labour laws VAT / Service Tax Commercial laws Protection laws 8. General laws

Auditing and assurance standards AAS1 Basic Principles Governing an Audit AAS2 Objectives and scope of the Audit of Financial Statements AAS3 Documentation AAS4 The Auditor’s Responsibility to consider Fraud and Error is an Audit of Financial Statements AAS5 Audit Evidence AAS6 Risk Assessments and Internal Control AAS7 Relying Upon the work of an Internal Auditor AAS8 Audit Planning AAS9 Using the Work of another Auditor

Auditing and assurance standards AAS10 Using the Work of an Expert AAS11 Representations by Management AAS12 Responsibility of Joint Auditors AAS13 Audit Materiality AAS14 Analytical Procedures AAS15 Audit Sampling AAS16 Going Concern AAS17 Quality Control for Audit Work AAS18 Auditing of Accounting Estimates AAS19 Subsequent Events AAS20 Knowledge of the Business

Auditing and assurance standards AAS21 Consideration of Laws and Regulations in an Audit of Financial Statements AAS22 Initial Engagements – Opening Balances AAS23 Related Parties AAS24 Audit Considerations Relating to Entities Using Service Organizations AAS25 Comparatives AAS26 Terms of Audit Engagements AAS27 Communication of Audit Matters with Those Charged with Governance AAS28 The Auditor’s report on Financial Statements

Auditing and assurance standards AAS29 Audit in a Computer information Systems Environment AAS30 External Confirmations AAS31 Engagements to Compile Financial Information AAS32 Engagements to Perform Agreed – Upon Procedures Regarding Financial Statements AAS33 Engagements to Review Financial Statements AAS34 Audit Evidence – Additional Consideration for Specific Items AAS35 The Examination of Prospective Financial Information