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Microlesson · 5-min read

CARO 2020 – Clauses 12–16: Nidhi, Related Party Transactions, Internal Audit, Non-Cash Transactions, RBI Registration

## CARO 2020 – Clauses 12 to 16

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### Clause 12: Nidhi Company

(Applies only to Nidhi companies)

Reporting Requirement
Whether Net Owned Funds (NOF) to deposits ratio of 1:20 has been complied with
Whether the company maintains 10% unencumbered term deposits as specified in Nidhi Rules (to meet liabilities)
Whether there have been any defaults in repayment of deposits or payment of interest, with details

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### Clause 13: Related Party Transactions (Sections 177 & 188)

Report on:

  • Whether all compliances under Sections 177 and 188 have been made
  • Whether details have been disclosed in the FS as required by Accounting Standards
SectionSubject
Section 177Audit Committee's approval of related party transactions
Section 188Board/Shareholder approval of related party contracts/arrangements

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### Clause 14: Internal Audit

Two separate requirements:

1. Whether the company has an internal audit system commensurate with the size and nature of its business

2. Whether the reports of the internal auditor were considered by the statutory auditor

> 'Commensurate' is a qualitative judgment — an MNC cannot have a token internal audit function.

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### Clause 15: Non-Cash Transactions (Section 192)

Report on:

  • Whether the company has entered into any non-cash transactions with directors or persons connected with him
  • If yes — whether the provisions of Section 192 have been complied with

> Section 192: Requires valuation of non-cash consideration in transactions with directors and disclosure/approval requirements.

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### Clause 16: RBI Registration (Section 45-IA of RBI Act)

Reporting Requirement
Whether registration under Section 45-IA of the RBI Act, 1934 is required, and if so, whether obtained
Whether company has undertaken non-banking financial or housing financial activities without a valid Certificate of Registration (CoR) from RBI
Whether the company is a Core Investment Company (CIC) as defined by RBI
If CIC — whether it fulfils the RBI criteria
Whether the group has more than one CIC — if yes, indicate the number

Worked example

### Example 1

Nidhi Co. Ltd has net owned funds of ₹50 lakh and total deposits of ₹12 crore. Its unencumbered term deposits are ₹80 lakh. Is there a CARO Clause 12 violation?

Answer: (a) NOF to deposit ratio: ₹50 lakh : ₹12 crore = 1:24 — exceeds the permissible 1:20 ratio. Report non-compliance. (b) 10% of ₹12 crore = ₹1.2 crore required as unencumbered term deposits; only ₹80 lakh maintained — shortfall of ₹40 lakh. Report non-compliance with Nidhi Rules.

### Example 2

The statutory auditor of Prime Ltd finds that the company entered into a purchase agreement with a company owned by the Managing Director, valued at ₹2 crore, without Audit Committee approval. What clauses of CARO are engaged?

Answer: Clause 13 (Related Party Transactions): The transaction involves a person connected with a director (the MD). Section 177 requires Audit Committee approval for related party transactions — this was not obtained. Report non-compliance with Section 177. Also check Section 188 for Board/shareholder approval requirements. Disclose whether AS requirements for related party disclosures in FS have been met.

⚠️ Common exam mistakes

  • Treating Clause 12 as applicable to all companies — it applies ONLY to Nidhi companies.
  • Confusing Section 177 (Audit Committee approval) with Section 188 (Board/shareholder approval) in Clause 13 — both must be checked separately.
  • Answering Clause 14 with only 'whether internal audit system exists' and omitting the second requirement: whether internal auditor reports were considered by the statutory auditor.
  • Not knowing Section 192 (non-cash transactions with directors) for Clause 15 — often confused with Section 185 (loans to directors).
  • Forgetting the CIC (Core Investment Company) and group-CIC sub-clauses in Clause 16 — candidates often answer only the basic RBI registration question.
Reference: CARO Clauses 3(xii)–3(xvi); Companies Act Sections 177, 188, 192; RBI Act Section 45-IA — Companies (Auditor's Report) Order, 2020; Companies Act, 2013; RBI Act, 1934
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