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Examination of financial and credit operations

Examination of documents of financial and credit operations

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Examination of documents of accounting, tax accounting and the reporting

Examination of documents on economic activity of enterprises and organizations

 

 

 

 

 

Most often, among the examinations for the study of documents of financial and credit transactions are appointed examinations related to the issues of documentary validity of transactions under credit agreements concluded between Banks and Borrowers - individuals, namely:

  • documentary confirmation of the bank's provision and receipt of credit funds by the borrower under loan agreements;
  • documentary substantiation of borrowers' debt calculations to banks and compliance of these calculations with the terms of the concluded loan agreement and settlement documents;
  • compliance of the methods of accrual of interest by banks with the terms of the loan agreement, the requirements of the legislation and regulations governing the activities of banks, as well as the internal regulations of banks;
  • determination of the real interest rate; the total cost of the loan under the basic terms of the loan; the absolute value of the loan price increase and the amount of payments that would correspond to the total cost of the loan specified in the terms of the loan agreement;
  • determination of annuity or differentiated monthly payment according to the basic crediting conditions.

 

The main tasks of examination of documents of financial and credit operations are:

  • determination of documentary substantiation of registration of bank operations on opening of accounts, movement of money resources on accounts;
  • determination of documentary substantiation of registration and reflection in the account of operations on issue, use and repayment of credits;
  • determination of documentary substantiation of registration and reflection in the accounting of banks of their financial and economic activity;
  • determination of compliance of the current legislation with the reflection of financial and economic operations of banks to the requirements of regulations on accounting and reporting;
  • determination of documentary substantiation of reflection of financial and economic operations on accrual and payment by banks of taxes and their conformity to the data of the account and the reporting, the current legislation;
  • determination of documentary substantiation of deposit operations in banking and other financial institutions.

 

A special role in economic research is played by primary documents confirming the fact of a business transaction. In addition to primary documents and accounting records, in the study of credit transactions there is a need to involve as objects of study credit agreements and contracts concluded to ensure the terms of the loan (mortgage agreements, insurance contracts, etc.) and internal regulations of the Bank.

Thus, the objects of expert examination of credit operations are the originals of documents provided by the Bank:

  1. Loan agreement with all annexes to it.
  2. Additional agreements to the Loan Agreement (if any).
  3. Insurance contracts, pledges, mortgages, etc. and additional agreements to them, which are concluded to ensure the terms of the loan agreement.
  4. Bank account maintenance agreements.
  5. Documentary confirmation of information provided to the Borrower on lending conditions, as well as the estimated total cost of the loan (in accordance with the requirements of the Resolution of the Board of the National Bank of Ukraine dated 10.05.2007 №168 "Rules for providing information to consumers on lending conditions and total loan cost").
  6. Payment repayment schedule or detailed calculation of the borrower's monthly payment under the loan agreement.
  7. Detailed calculation of the amount of all types of debt of the borrower on the loan, interest, interest, penalty, indicating the periods of accrual and payment by the defendant of the relevant payments, according to which the terms of delay of the respective monetary obligations, according to the loan agreement.
  8. Detailed interpretation of the total cost of the loan and the real interest rate on it, the absolute appreciation of the loan, taking into account the cost of all related services, as well as other financial obligations of the consumer arising in favor of third parties under Ukrainian law.
  9. Payment and cash documents confirming the loan.
  10. Payment and cash documents confirming repayment of debt under the loan agreement (principal and overdue debt on the loan, term and overdue interest, commissions, etc.).
  11. Primary documents confirming the provision of related services to the borrower by the bank, taking into account their cost, interest rate, as well as any other financial obligations of the consumer, which are related to obtaining, servicing and repaying the loan.
  12. Primary documents confirming payment by the borrower of the cost of related costs and financial obligations in favor of third parties related to the loan (insurance payments when insuring the collateral, the amount of fees to the Pension Fund of Ukraine, commissions when buying - selling foreign currency to repay the loan and interest on its use, exchange fees, services of registrars, notaries, others, etc.), which have a direct impact on the cost of credit.
  13. Statements on all current accounts opened by the Bank for loan servicing under the loan agreement.
  14. Registers of analytical and synthetic accounting for accounting of issued loans and accrued interest, as well as for loan repayment and interest payments.
  15. Orders of the Bank (accounting under the signature of the bank manager, head of the credit department, etc.) on the issuance of the loan, on the extension of the loan, etc.
  16. Statistical reporting of the bank on lending.
  17. Statutory and registration documents of the bank. Banking licenses and permits of the National Bank of Ukraine for transactions, including with currency values.
  18. Internal normative documents of the bank regulating the implementation of specific technological processes, documentation of operations, maintenance of registers of analytical and synthetic accounting, procedures of internal control of operational activities, including:
  • provisions on operating activities;
  • provisions on accounting policy, as well as accounting methodology and procedures governing this policy;
  • lending regulations, internal regulations of the bank defining the asset and liability management policy, according to which credit funds were provided under the loan agreement, and other internal regulations of the bank regulating the procedure of granting and servicing loans, mechanism of real interest rate calculation, discounting of payments , calculation of payments (fact - fact, fact - 360, fact - 365, etc.), methodological justification for loan repayment (standard or annuity);
  • internal regulations of the bank on conducting settlement and cash transactions with individuals;
  • methodological substantiation of determining the exchange rate, terms and commissions related to the conversion of the currency of payment into the currency of the obligation when repaying the debt on the loan and interest for its use (in the case of a loan in foreign currency).

* The given list of documents can change depending on the specific questions which are submitted for the decision of examination.

 

Also, the objects of economic expertise (research) can be:

  • primary accounting documents;
  • accounting registers;
  • financial reporting documents;
  • statistical reporting for the relevant periods;
  • acts of audits and inspections;
  • printed and certified electronic documents;
  • organizational and administrative and planning and regulatory documents drawn up on the basis of legislative and regulatory acts.

 

Usually, for the examination, experts in their applications ask for documents from both the Bank and the Borrower - an individual. Especially when it comes to documentary proof of debt on the loan.

Thus, the objects of expert examination of credit transactions provided by the Borrower are the originals of receipts or other payment documents confirming the payment of payments to the bank and third parties related to the provision and servicing of the loan under the loan agreement.

 

Documents required for the conduct

In accordance with paragraph 3.3 "Scientific and methodological recommendations for the preparation and appointment of forensic examinations and expert research" from 08.10.1998 № 53/5, for the examination are provided original documents or duly certified copies.

To conduct an examination of copies of documents, according to paragraph 3.5 of the "Instructions on the appointment and conduct of forensic examinations" from 08.10.1998 № 53/5, must be specified in the document on the appointment of examination or in writing the expert body that appointed the examination.

Also, paragraph 3.3 of the Scientific and methodological recommendations of 08.10.1998 № 53/5 determines that if the accounting and tax accounting was carried out in electronic computing form, the expert is provided with registers of accounting and tax accounting in printed form, necessarily certified in in the prescribed manner. Additionally, they can be provided at the request of the expert on electronic media.

 

Along with the document on the appointment of the examination (involvement of an expert), the expert should provide accounting and tax accounting documents that contain information - the source data to address the issues. Such documents may be: income and expenditure invoices, warrants, reports of materially responsible persons, inventory cards, cash books, inventory materials, acts of audits, reports, orders, acts of acceptance of work performed, employment contracts, settlement payment statements, bank statements, payment instructions and requirements, agreements on material responsibility, accumulative (circulating) information, journals-orders, memorial orders on balance accounts, general ledgers, balance sheets and other primary and consolidated documents of accounting and tax accounting and reporting.

If the accounting was carried out in electronic and computer form, the expert is provided with accounting registers in printed form, which must be certified in the prescribed manner.

If the examination is appointed to verify the conclusions of the documentary audit, the document on the appointment of the examination (involvement of an expert) indicates which conclusions and for what reasons are in doubt (contradict other case materials, unconvincingly substantiated by financial inspectors, etc.).

If necessary, to determine which documents should be provided to the expert for research in each case, it is advisable to consult an expert economist.

Documents should be organized in chronological order (according to the respective periods), bound, bound and numbered.

 

Indicative list of issues to be addressed:
  • Are the conclusions of the inspection report documented on compliance with the requirements of current legislation of documenting transactions (name of the bank) for loans, completeness and accrual and payment of interest for loans by the borrower (name of legal entity or surname, name, patronymic of the individual) for credit agreement (number, date)?
  • Does the list of documents provided to the bank by the enterprise (name) for obtaining credit funds under the loan agreement comply with the current Lending Regulations?
  • Is the value of the assets (property) of the enterprise (borrower) pledged under the loan agreement documented?
  • Is the amount of losses of the bank specified in the inspection report (specified by the subject of control) as a result of unreasonable issuance, non-repayment of the loan under the agreement (number, date) documented?
  • Does the accounting and primary documents confirm the misuse of credit funds under the agreement (number, date)?
  • Is the bank's (name) compliance with the relevant standards of deductions to the insurance reserve documented?
  • Does the calculation of the borrower's debt (on payment of interest on the loan and repayment of the principal amount of debt) to the bank correspond to the terms of the loan agreement concluded between these parties and settlement documents for issuing and repaying the loan under this loan agreement?
  • Does the bank's method of accrual of interest under the loan agreement (details of the agreement are indicated) meet the requirements of the Bank's Lending Regulations (indicate the name of the banking institution)?
  • Is the primary documents and accounting data of the bank confirmed by the depositor's (full name) deposit of funds in the amount (indicate the amount) under the deposit agreement (number, date)?

 

 

 

 

Terms of service

The approximate terms are:

  • for forensic examinations - 20 days;
  • for expert research - 10 days.

The exact terms will be calculated at the time of order, taking into account the scope of the study and the current workload of specialists within the limits provided for paragraph 1.13. Section I "Instructions on the appointment and conduct of forensic examinations and expert research", approved by the Order of the Ministry of Justice of Ukraine 08.10.1998 № 53/5.

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