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FAQ (Registration as Valuers)

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FAQ (Registration as Valuers)

Ans. A Valuer is an individual (or an entity) who does the work of valuation.

Ans. The Companies (Registered Valuers and Valuation) Rules, 2017, notified in exercise of powers conferred by section 247 read with sections 458, 459 and 469 of the Companies Act, 2013 (18 of 2013), define a Valuer and lay down rules governing a Valuer inter alia including Eligibility, Qualification and Registration of Valuer.

Ans. A registered valuer means a person registered with the Authority in accordance with the Companies (Registered Valuers and Valuation) Rules, 2017 (the Rules).

Ans. Insolvency and Bankruptcy Board of India (IBBI) has been specified as the Authority by the Central Government under section 458 of the Companies Act, 2013.

Ans. An individual, a partnership entity or a company are eligible for registration subject to meeting the eligibility requirements provided for in rule 3 of the Companies (Registered Valuers and Valuation) Rules, 2017.

Ans. Subject to meeting other requirements provided in rule 3 and rule 4 of Companies (Registered Valuers and Valuation) Rules, 2017, an individual is eligible to be a registered valuer, if he (i) is a fit and proper person, (ii) has the necessary qualification and experience, (iii) is a valuer member of a Registered Valuer Organisation (RVO), (iv) has completed a recognised educational course as member of a RVO, and (v) has passed the valuation examination conducted by the IBBI, and (vi) is recommended by the RVO for registration as a valuer.

Ans. Registered Valuers Organisation (RVO) is an organisation recognised under sub-rule (5) of rule 13 of the Companies (Registered Valuers and Valuation) Rules, 2017 and are the first line of regulators. An applicant has to be first a member with an RVO before seeking registration as a registered valuer.

Ans. To determine whether an individual is a fit and proper person under these rules, the Authority may take into account any relevant consideration, including but not limited to the following criteria- (i) Integrity, reputation and character, (ii) Absence of convictions and restraint orders, (iii) Competence and financial solvency.

Ans. No. He becomes eligible after a period of five years have elapsed from the date of expiry of the sentence.

Ans. No. He becomes eligible after a lapse of five years from the date of levy of such penalty provided the penalty has been paid.

Ans. The conduct of valuation under any other law by any person shall not be affected by virtue of coming into effect of the rules with respect to registered valuers. However, with effect from February 01, 2019, only registered valuers can undertake valuation under (i) the Companies Act, 2013 and (ii) the Insolvency and Bankruptcy Code, 2016.

Ans. With effect from February 01, 2019, only registered valuers can undertake valuation under (i) the Companies Act, 2013 and (ii) the Insolvency and Bankruptcy Code, 2016. However, any (registered or unregistered) person may continue to render valuation services under any other law which has not stipulated requirement for valuation to be undertaken by a registered valuer.

Ans. No, conduct of valuation under any other law by any person shall not be affected unless specifically notified under any other Act.

Ans. Following are the (mandatory) stages to be followed by an Individual to become a Registered Valuer (RV): Stage I Seek primary membership (Valuer Member) with a Registered Valuers Organisation (RVO). NB: On receipt of application, RVO will scrutinise the application to ensure that the same conforms to the requirements for registration, inter alia including provisions under rule 3 and rule 4 of the Companies (Registered Valuers and Valuation) Rules, 2017. After establishing confirmation with the said Rules, RVO shall enrol an Applicant as Valuer Member. II Undertake 50 hours mandatory education course in the Asset Class for which registration as Registered Valuer is being pursued. III Pass Valuation Examination for the selected Asset Class (for which 50 hours mandatory education course has been undertaken). IV Online submission of Form-A and uploading of necessary stated documentary proofs. NB: After submission of Form-A by the Applicant, the same will then be sent to the RVO with whom the applicant is enrolled, for approval. Upon scrutiny of Form-A, RVO shall approve the application after which a payment link will be sent to the Applicant on his email address. V Online Payment of Fees by the Applicant. Applicant has to pay the fees online using the payment link received on email. Payment link is received only after RVO accords online approval to an applicant’s form. After online payment, applicant should take printout of the payment confirmation page for future use. VI Submission of following physical documents to RVO: (i) duly signed Form-A along with Addendum to Form A; (ii) copies of documentary proofs uploaded earlier and; (iii) proof of payment of fees [Printout of payment confirmation page as mentioned under Step V above]. VII RVO, upon receipt of Form-A from the Applicant, shall: (i) recheck the application and enclosed documentary proofs and; 6 (ii) ensure that documents are uploaded on the portal. Upon verifying the completeness and correctness of the application and the documentary proofs received, RVO to send scan copy of signed application (duly signed by RVO and Applicant) to the applicant for uploading on portal. The scan must include the following: a. Physical Form A duly signed (with seal affixed) by RVO; b. Addendum to Form-A and; c. Proof of Payment of Fees. VIII Upon receipt of scan from RVO, applicant to upload the same on portal and submit. IX RVO to approve application online and send physical application to IBBI. The application must include the following: a. Physical Form A duly signed (with seal affixed) by RVO; c. Addendum to Form-A; and, d. Proof of Payment of Fees. X After the applicant has been granted registration by the Authority, applicant has to obtain Certificate of Practice from respective RVO before commencement of practice.

Ans. A registered valuer can undertake valuation of assets only for the class of asset for which he/she is registered for.

Ans. Three, namely, (i) Land and Building; (ii) Plant and Machinery (iii) Securities and Financial Assets.

Ans. Yes, subject to meeting the eligibility criteria specified for the said asset class for which registration is being sought.

Ans. Yes, subject to having the qualification and experience provided in the Companies (Registered Valuers and Valuation) Rules, 2017 for each asset class and having passed the valuation examination for each asset class.

Ans. No, an applicant cannot seek direct registration with the Authority and needs to complete the mandatory processes listed under Q.14 above, prior to seeking registration.

Ans. Applicant needs to be enrolled with a Registered Valuers Organisation

Ans. The applicant can seek membership with any of the RVO, the details of which is displayed on IBBI website. However, the applicant may seek membership of only that RVO which is recognised for the asset class, for which he intends to take registration with the Authority.

Ans. An individual can be a member of only one RVO for a particular asset class. However, for other asset class, an individual can be a member with another RVO which is recognised for the said asset class.

Ans. Yes, prior to registration as a registered valuer, a valuer member can shift his membership from one RVO to another in accordance with the circular No. IBBI/RVO/029/2020 dated 28th January, 2020 (Copy on the website of IBBI).

Ans. Yes, with the prior written permission of IBBI, a registered valuer can shift his membership from one RVO to another in accordance with the circular No. IBBI/RVO/029/2020 dated 28th January, 2020 (Copy on the website of IBBI).

Ans. The registration granted under the Rules shall be subject to the valuer complying at all times, with the following conditions: (a) possess the eligibility and qualification and experience criteria as specified under rule 3 and rule 4; (b) comply with the provisions of the Act, the rules, the Bye-laws or internal regulations, as the case may be, of the respective registered valuers organisation; (c) in his capacity as a registered valuer, not conduct valuation of the assets or class(es) of assets other than for which he/it has been registered by the authority; (d) take prior permission of the authority for shifting his/ its membership from one registered valuers organisation to another; (e) take adequate steps for redressal of grievances; (f) maintain records of each assignment undertaken by him for at least three years from the date of completion of such assignment; (g) comply with the Code of Conduct (as per Annexure-I of the Rules) of the registered valuers organisation of which he is a member; (h) in case a partnership entity or company is the registered valuer, allow only the partner or director who is a registered valuer, for the asset class(es) that is being valued, to sign and act on behalf of it; (i) in case a partnership entity or company is the registered valuer, it shall disclose to the company concerned, the extent of capital employed or contributed in the partnership entity or the company by the partner or director, as the case may be, who would sign and act in respect of relevant valuation assignment for the company; (j) in case a partnership entity is the registered valuer, be liable jointly and severally along with the partner who signs and acts in respect of a valuation assignment on behalf of the partnership entity; (k) in case a company is the registered valuer, be liable along with director who signs and acts in respect of a valuation assignment on behalf of the company; (l) in case a partnership entity or company is the registered valuer, immediately inform the Authority on the removal of a partner or director, as the case may be, who is a registered valuer along with detailed reasons for such removal; and (m) comply with such other conditions as may be imposed by the Authority.

Ans. Yes.

Ans. No, at the time of applying for registration, an applicant must not be in employment. In effect, while a person in employment can appear for the valuation examination, such person shall not be in employment at the time of seeking registration as a valuer.

Ans. Yes.

Ans. Yes.

Ans. Yes.

Ans. Yes, membership of RVO can be surrendered in accordance with the Model Bye-laws of RVO as covered under section XI of Part II of Annexure III annexed to the Companies (Registered Valuers and Valuation) Rules 2017.

Ans. An eligible applicant, upon registration would receive a Certificate of Registration. Soft copy of the certificate is sent to the applicant on his registered email address, while physical copy is handed over to the RVO of which RV is a member. However, no membership card / identity card etc is issued other than the certificate of registration.

Ans. The eligibility norms for a partnership entity or company to be registered as a valuer is stated under Rule 3(2) of the Companies (Registered Valuers and Valuation) Rules, 2017.

Ans. A partnership entity or a company can be registered as valuer if they have been set up with the objects of rendering professional or financial services including valuation services. In case of Company, it should not be a subsidiary, joint venture or associate of another company or body corporate.

Ans. Yes, all partners or directors should have passed the valuation examination under rule 5 within three years preceding the date of making an application for registration under rule 6.

Ans. Three or all the partners or directors, whichever is lower, of the partnership firm or company, as the case may be, need to be registered valuers with atleast one of the partner or director being a registered valuer for the same asset class for which registration is being sought by the partnership firm or company. The registered valuers must possess certificate of practice for the relevant asset class.

Ans. No.

Ans. No, a partnership firm or a company needs to have at-least one partner or director in the asset class of ‘Land and Building’, to be granted registration as a registered valuer in the asset class of ‘Land and Building’.

Ans. No. Only a partnership entity registered under the India Partnership Act, 1932 or a limited liability partnership registered under the Limited Liability Partnership Act, 2008 can be registered as a Valuer.

Ans. Yes, subject to meeting the conditions stated for the asset class for which registration is being sought by the partnership firm or company.

Ans. Yes. A partnership firm or company has to seek membership of any RVO which is recognised for the asset class(es), for which it intends to seek registration as valuer with the Authority.

Ans. No, application (Form B along with Addendum to Form B) of a partnership entity or company must be routed through the RVO along with the recommendation of the RVO recognised for the asset class for which registration is being sought.

Ans. Yes. In case of addition of new partner or director, the prior permission of the Authority has to be taken. In case of removal of partner or director, the Authority must be informed of the same within 15 days of such change.

Ans. Yes, prior approval will be required.

Ans. Rule 4 of the Companies (Registered Valuers and Valuation) Rules, 2017.

Ans. An individual shall have the following qualifications and experiences to be eligible for registration: (a) post-graduate degree or post-graduate diploma, in the specified discipline, from a University or Institute established, recognised or incorporated by law in India and at least three years of experience in the specified discipline thereafter; or (b) a Bachelor’s degree or equivalent, in the specified discipline, from a University or Institute established, recognised or incorporated by law in India and at least five years of experience in the specified discipline thereafter; or (c) membership of a professional institute established by an Act of Parliament enacted for the purpose of regulation of a profession, with at least three years’ experience after such membership.

Ans. ‘Specified Discipline’ means the specific discipline which is relevant for valuation of an asset class for which the registration as a valuer is being sought.

Ans. Yes, an indicative list of educational qualifications and experience for various asset classes is given in Annexure–IV of the Companies (Registered Valuers and Valuation) Rules, 2017.

Ans. ‘Equivalent’ shall mean professional and technical qualifications which are recognised by the Ministry of Human Resources and Development as equivalent to a professional and technical degree.

Ans. No. 3 years’ experience requirement must be met after becoming member of such professional institute.

Ans. (i) Land and Building: Yes, since more than 5 years of experience in the specified discipline is established. (ii) Securities and Financial Assets: No, since post qualification experience of 3 years in specified discipline cannot be established.

Ans. The following documentary proofs (as applicable) are considered for establishing educational eligibility: (1) Final Degree Certificate, obtained from an Indian University or equivalent whether in India or abroad and / or; (2) Certificate of Membership issued by a professional institute established by an Act of Parliament.

Ans. No.

Ans. No.

Ans. A confirmation from the college/Institute/University from which the educational course was pursued shall be attached along with the degree to establish the area of specialisation.

Ans. No.

Ans. No.

Ans. List of recognised Indian Universities is listed on the website of University Grants Commission (UGC). Link to the same (as on December 20, 2018) is as under: https://www.ugc.ac.in/oldpdf/Consolidated%20list%20of%20All%20Universities.pdf

Ans. No, since the degree should be recognised at such time when the educational course was undertaken.

Ans. No.

Ans. No. Graduation in commerce will not satisfy the condition of specified discipline.

Ans. Yes. In this case, post-graduation in real estate valuation will satisfy the condition of specified discipline. The condition of mandatory experience requirement is being satisfied in terms of number of years of experience in the specified discipline.

Ans. No. In this case, the education eligibility is established from Post-Graduation in Real Estate Valuation. The experience is with regard to a prior period and not after completion of the said course.

Ans. No. The applicant should be a Post Graduate in Finance. In the current case, the applicant is a Post Graduate in Commerce.

Ans. No. Post-graduation in real estate valuation will not satisfy the condition of specified discipline for the said asset class.

Ans. No. While the education requirement is being met, the mandatory experience requirement is not met i.e., minimum 5 years after securing graduation in the specified discipline.

Ans. No. The minimum experience in specified discipline must pertain to the period after completion of the qualifying degree.

Ans. Yes. In this case, both education and minimum experience in specified discipline are being met. This is subject to the condition that the experience pertains to the period after completion of the qualifying education qualification, in this case B. Arch.

Ans. Yes. In this case, the applicant has relevant experience in respective specified discipline and has acquired the experience after attainment of respective educational qualification in the specified discipline.

Ans. Yes.

Ans. Yes.

Ans. Only applicants with specialisation in Finance will be eligible for registration as valuer.

Ans. Yes. The qualifying degree should have been obtained from a recognised Indian University or equivalent whether in India or abroad. In case the qualifying degree has been attained from abroad, the same should be recognised in India.

Ans. The Ministry of Human Resource Development (MHRD), Government of India (GOI) vide their letter No. F.15-17/94-TS IV dated March 13, 1995 issued a notification that those foreign qualifications which are recognized/equated by Association of Indian Universities (AIU), are treated as recognized for the purpose of employment. Accordingly, an applicant with a foreign degree must enclose Equivalence Certificate issued by AIU with respect to the foreign degree based on which registration is being sought. Link to AIU website is as www.aiu.ac.in

Ans. The following Documentary proofs, as applicable, is required: (a) In case of employment: Service/Experience Certificate clearly mentioning date of joining, date of relieving and nature of work undertaken. Nature of work undertaken should satisfy the experience requirement mentioned in the Rules. (b) In case of Practice: Confirmation from clients to whom service has been rendered to. Example: (1) In case valuation work has been undertaken for a Bank / FI - a certificate from the said institution confirming the period for which work was done and nature of work undertaken (so as to establish experience in specified discipline). (2) In case work was undertaken for Private Companies - a certification from them confirming the work assigned (so as to establish experience in specified discipline) and date of completion of work (Work Completion Certificate). (3) In case work was undertaken for an individual - a certification from them confirming the work assigned (so as to establish experience in specified discipline) and date of completion of work (Work Completion Certificate) and; - CA Certificate confirming that payment received from the individual reflects in the ITR filed by the applicant. (c) In case of Members of professional institute established by an Act of Parliament: (i) Certificate of Membership. (ii) Certificate of Practice issued by the Professional Institute, for the period of practice, along with a self-declaration of work carried out by him/her. 19 NB: In case an individual was partially in employment, such employment cannot be self-certified and documentary proof/s as stated for employment must be provided.

Ans. No.

Ans. No.

Ans. No.

Ans. No.

Ans. In such cases, RVO should confirm the area of experience from the issuer of experience certificate and RVO confirmation (on the letter head of RVO) should be attached along with such proof of experience.

Ans. Yes. The educational course is mandatory.

Ans. Educational course is scheduled by the RVOs. For exact schedule of educational course, the applicant should contact respective RVO.

Ans. Yes, since the educational course is asset class specific.

Ans. Yes. However, an individual shall not be in employment at the time of applying for registration as valuer.

Ans. No. The 50 hours educational course for respective asset class is mandatory for all applicants, irrespective of their age, intending to seek registration.

Ans. An individual who has completed the mandatory 50 hours educational course can appear for valuation examination.

Ans. Yes.

Ans. Examinations are conducted in online mode only.

Ans. Valuation Examination result is valid for 3 years from the date of passing of exam.

Ans. No. The passing of valuation examination is mandatory for all applicants seeking registration irrespective of the age of applicant.

Ans. No. In such cases, printout of result received after online examination can be enclosed as proof of passing of examination.

Ans. Details with regard to Valuation Examination, including Asset class wise Syllabus, can be accessed at https://ibbi.gov.in/examination/valuation-examination.

Ans. Yes. Individual Applicants need to submit the application as per Form-A of Annexure II of the Companies (Registered Valuers and Valuation) Rules, 2017. A Partnership Entity or Company needs to submit the application as per Form-B of Annexure II of the Companies (Registered Valuers and Valuation) Rules, 2017.

Ans. Subject to fulfilment of terms and conditions, registration is granted to an applicant within 60 days of receipt of application excluding the time given to the Applicant for presenting additional documents, information or clarification, or appearing in person, as the case may be.

Ans: Within 21 days from the date of query.

Ans.: The application is liable to be rejected.

Ans. Yes. However, the application will be treated as a fresh application.

Ans. Yes, a non-refundable application fees of Rs.5,000/- (plus applicable tax) is payable by Individual Applicants while the same shall be Rs.10,000/- (plus applicable tax) for Partnership Entity or Companies.

Ans. Upon approval of Form-A by RVO (with whom the Applicant is enrolled as a Valuer Member), a payment link is generated through which online payment can be made.

Ans. No, payment has to be made online.

Ans. IT Helpdesk of IBBI may be contacted at email ID: webdev@ibbi.gov.in.

Ans. Respective RVO may be contacted with due consideration of the timelines stipulated under the rules.

Ans. Respective RVO may be contacted. RVOs will guide applicants with clarifications on the observation/s received.

Ans. IBBI website link capturing contact details of RVO is as under: https://ibbi.gov.in/service-provider/registered-valuer-orgs.

Ans. Respective RVO may be contacted.