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Auditing Theory



                      Notes         Banks should put in place a reporting system to report to the top management, on a weekly
                                    basis, the details of transactions in securities, details of bouncing of SGL transfer forms issued by
                                    other banks, BRs outstanding for more than 15 days, capital market exposures, a review of
                                    investment transactions undertaken during the period and overall risk management and internal
                                    controls.

                                    The internal audit department should audit the transactions in securities on an on-going basis,
                                    monitor the compliance with the laid down management policies and prescribed procedures
                                    and report the deficiencies directly to the management of the bank. In regard to securitisation
                                    transactions depending upon their categorisation i.e. if they are investments then the internal
                                    controls as referred hereinabove may be applied otherwise as applicable to advances may be
                                    applied.


                                         !
                                       Caution  Under no circumstances should an SGL transfer form be issued in favor of another
                                       bank, resulting in bouncing back for want of sufficient balances. In such an event the
                                       selling bank issuing the form would be liable to penal action by RBI against it.
                                       All Ready-forward deals in Government Securities including Treasury bills are prohibited.

                                    10.9.1 Special Purpose Vehicle (SPV)

                                    An SPV is an entity specially created for doing the securitization deal. It invites investments
                                    from investors, uses the invested funds to acquire the receivables of the originator and then uses
                                    the realizations from the receivables transferred to it to pay the investors, thereby giving them
                                    a reasonable return. An SPV may be a trust, corporation, or any other legal entity. Its activities
                                    include holding title to transferred financial assets, issuing beneficial interest, collecting cash
                                    proceeds from assets held, reinvesting the proceeds in financial instruments pending distribution
                                    to the holders of beneficial interests and otherwise servicing the assets held. Generally, the
                                    beneficial interests in the qualifying SPV are sold to investors and the proceeds are used to pay
                                    the transferor for the assets transferred. Those beneficial interests may comprise either a single
                                    class having equity characteristics or multiple classes of interests, some having debt characteristics
                                    and others having equity characteristics.

                                                            Figure 10.1: Special Purpose Vehicle






























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