Valuation by Registered Valuers

Priyanka T 
on 09 May 2019


REQUIREMENT OF VALUATION

Where a valuation is required to be made in respect of any

• property,
• stocks,
• shares,
• debentures,
• securities or goodwill
• or any other assets (herein referred to as the assets)
• or net worth of a company or its liabilities under the provision of this Act,


Section

Subject Matter

62

Further issue of share capital

192

Non-cash transactions involving directors.

230

Power to compromise or make arrangements with creditors and members.

232

Merger and amalgamation of companies

236

Purchase of minority shareholding

260

Powers and duties of company administrator

281

Submission of report by Company Liquidator


QUALIFICATION & EXPERIENCE

It shall be valued by a person having such qualifications and experience and registered as a valuer.


Qualification

Experience

post-graduate degree or post-graduate diploma, in the specified discipline, from a University or Institute established, recognized or incorporated by law in India

at least three years of experience in the specified discipline

a Bachelor's degree or equivalent, in the specified discipline, from a University or Institute established, recognized or incorporated by law in India

at least five years of experience in the specified discipline thereafter

membership of a professional institute

with at least three years' experience after such membership and having qualification mentioned at clause (a) or (b)


Specified discipline shall mean the specific discipline which is relevant for valuation of an asset class for which the registration as a valuer or recognition as a registered valuers organisation is sought under these rules.

(Qualifying education and experience and examination or training for various asset classes, is given in an indicative manner in Annexure-IV of these rules.)


Asset Class

Eligibility

Experience in  specified discipline

 

Qualifications

Plant and Machinery


((i) Graduate in Mechanical, Electrical, Electronic and Communication, Electronic and Instrumentation, Production, Chemical, Textiles, Leather, Metallurgy, or Aeronautical Engineering, or Graduate in Valuation of Plant and Machinery or equivalent;                                       



(i) Five years  

(ii) Post Graduate on above courses

(ii) Three years

Land and Building

(i) Graduate in Civil Engineering, Architecture,
Town Planning or equivalent;

(i) Five years 

(ii) Post Graduate on above courses and also in valuation of land and building or Real Estate
Valuation (a two-year full time post-graduation
course).

(ii) Three years

Securities or Financial Assets

((i) Member of institute of Chartered Accountants of
India, Member of Institute of Company Secretaries
of India, Member of the Institute of Cost
Accountants of India, Master of Business
Administration or Post Graduate Diploma in
Business Management (specialisation in finance).
(ii) Post Graduate in Finance

Three years


MANNER OF APPOINTMENT

He/She shall be appointed by the Audit Committee or by the Board

RESTRICTIONS

Will not undertake valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time during a period of three years prior to his appointment as valuer or three years after the valuation of assets was conducted by him.

MANNER OF VALUATION

The registered valuer shall, while conducting a valuation, comply with the valuation standards as notified or modified under rule 18:

Provided that until the valuation standards are notified or modified by the Central Government, a valuer shall make valuations as per:

a) internationally accepted valuation standards
b) valuation standards adopted by any registered valuers organization

CONTENT OF REPORT

The valuer shall, in his report, state the following:- 

• background information of the asset being valued;
• purpose of valuation and appointing authority;
• identity of the valuer and any other experts involved in the valuation;
• disclosure of valuer interest or conflict, if any;
• date of appointment, valuation date and date of report;
• inspections and/or investigations undertaken;
• nature and sources of the information used or relied upon;
• procedures adopted in carrying out the valuation and valuation standards followed;
• restrictions on use of the report, if any;
• major factors that were taken into account during the valuation;
• conclusion; and
• caveats, limitations and disclaimers to the extent they explain or elucidate the limitations faced by
• valuer, which shall not be for the purpose of limiting his responsibility for the valuation report. 

Involvement of another valuer

The registered valuer may obtain inputs for his valuation report or get a separate valuation for an asset class conducted from another registered valuer, in which case he shall fully disclose the details of the inputs and the particulars etc. of the other registered valuer in his report and the liabilities against the resultant valuation, irrespective of the nature of inputs or valuation by the other registered valuer, shall remain of the first mentioned registered valuer.


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