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1
PEER REVIEW
: GUIDELI
NES
Guidelines effective from October 1, 2011
The Peer Review process is an attempt to enhance the quality of services rendered by members of ICSI in practice.
PR is a ‘handholding exercise’ and not a ‘fault finding exercise’.
2
Definition of Peer Revie
w(Para 3.4)
Peer Review deals with examination and review of systems and procedures to determine whether the systems and procedures are in:
– Existence
– Effective
– Operating continuously during the period under review
– Put in place by the practice Unit.
3
Definition of Attesta
tion Servic
es(Para 3.1)
Means services involving the secretarial audit issuing of various certificates, but does not include:– Management consulting engagements;
– Representing a client before the Authorities;
– Testifying as expert witness; and – Providing expert opinion on points of
principle, such as secretarial standards or the applicability of certain laws, or the basis of facts provided by the client
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Attestation
Services
covered
under Peer
Review
Following services are covered under Peer Review:– Signing of Annual Return pursuant to Section 161(1)
of the Companies Act, 1956– Issue of Compliance Certificate pursuant to Section
383A(1) of the Companies Act, 1956– Issue of certificate of Securities Transfers in
compliance with the Listing Agreement with Stock Exchanges
– Certificate of reconciliation of Capital as per SEBI Circular dated Dec. 31, 2002
– Conduct of Internal Audit of Operations of Depository Participants
– Certification under Clause 49 of Listing Agreement
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SCOPE OF
PEER REVIE
W
Peer Review is directed at the attestation services of a practice unit –
(a) Once a practice unit is selected for review, its attestation engagement records pertaining to the immediately preceding financial year shall be subjected to review.
(b) Records of attestation services relating to five years prior to the financial year shall not be subjected to review.
(c) Review shall focus on – - Compliance with Technical Standards (i.e. Guidance
Notes, Secretarial Standards issued by ICSI)- Quality of Reporting- Office systems and procedures with regard to compliance
of attestation services systems and procedures- Training programmes for staff concerned with attestation
functions.
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Who would be the review
er?
A member of the Institute who –(a) possesses at least 10 years of post
membership experience (could be as an employee or as PCS or as a combination of the two)
(b) is currently in practice as a Company Secretary
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Methodology to be
followed by
Reviewer
Offsite Review– Study of information given by PU in the format and
based on the same make own observations about possible areas where improvement is possible and note other aspects to be discussed in personal meeting with PU
Onsite Review – Verification of information given by PU. Test checks
in respect of attestation assignments handled by PU
– Interaction with the staff & trainees of PU should be part of PR
– Calling for the records of the client maintained by PU to verify whether proper systems and procedures have been followed
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Obligations of
the Practice Unit
Practice Unit shall - provide access to any record or document
as may be asked for by the reviewer. afford and provide explanation or further
particulars in respect of anything produced before the Peer Reviewer
provide all assistance in connection with peer review
allow the reviewer to inspect, examine or take any abstract of or extract from a record or document or copy there from which may be required by the reviewer.
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Cost of
Peer Review
Cost of Peer Review for reviewer and his qualified assistant(s) as may be decided by the Board from time to time, shall be borne by the Practice Unit.
At present the cost of Peer Review is Rs. 10,000/- (all inclusive)
Same rate shall apply to second review also.
Each branch / office under review would be considered separately.
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Prescribed
rates of Fee
for Peer
Review
Rs. 10,000/- to be paid directly to the Peer Reviewer (inclusive of TA/DA and any out of pocket expenses) as may be prescribed by the Peer Review Board from time to time.
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Review Framework
Three stage process – – Planning
• Intimation• Return of completed Questionnaire
– Execution• Sample of Attestation service engagements• Confirmation of Visit
– Initial meeting– Compliance Review – General Controls– Selection of Attestation services engagements to
be reviewed– Review of record
– Reporting• Preliminary Report of Reviewer• Interim Report of Reviewer• Final Report of Reviewer
FAQs on
Peer Review
What is Peer Review?
Ans. Peer Review is a process used for examining the work performed by one’s equals (peers) and to understand the systems, practices and procedures followed by the Practice Unit and to give suggestions, if any, for further improvement.
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FAQs on
Peer Review
When will Peer Review start ?
Ans. The Peer Review Board has initiated the process of Peer Review from December 2011.
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FAQs on
Peer Review
To whom all would Peer Review be applicable?
Ans. Peer Review is applicable to all Practicing Company Secretaries.
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FAQs on
Peer Review
What is the meaning of Practice Unit?
Ans. Practice Unit means members in practice, whether practicing individually or a firm of Company Secretaries.
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FAQs on
Peer Review
Whether the concept of Peer Review exists for CWA's and CA's?
Ans. The Institute of Chartered Accountants of India has a mechanism of Peer Review of their Members in Practice.
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FAQs on
Peer Review
What are the advantages of the Peer Review to the Practice Unit (PU) ?
Ans. It is expected to
A) enhance the quality of attestation services.
B) enhance credibility and provide competitive advantage.
C) provide a forum for Guidance and knowledge sharing.
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FAQs on
Peer Review
What is the frequency of Peer Review?
Ans. Initially, each Practice Unit would be required to be peer reviewed at least once in every five years.
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FAQs on
Peer Review
How will I be selected for Peer Review?
Ans. You may apply to be peer reviewed or it may be done through random selection by the Peer Review Board.
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FAQs on
Peer Review
If I have been Peer Reviewed can I disclose this on my website?
Ans. Only the fact of being Peer Reviewed can be stated. However, neither the Certificate nor the Peer Review Report may be given on the website.
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FAQs on
Peer Review
Can I become a Peer Reviewer?
Ans. Any member of the Institute who fulfills the following criterion may apply to be empanelled as a Peer Reviewer-
(a) possesses at least 10 years of post membership experience
(b) is currently in practice as a Company Secretary.
21
FAQs on
Peer Review
Will the information disclosed by me be kept confidential by the reviewer?
Ans. The Peer Reviewer is bound by a Confidentiality Agreement with the Peer Review Board. If the Reviewer misuses the information disclosed by you he may be subject to disciplinary action by the Institute.
22
FAQs on
Peer Review
If I am Peer Reviewed and it is found that I have not maintained adequate records will I be liable for any disciplinary action?
Ans. No.
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FAQs on
Peer Review
Is the Peer Reviewer exposed to any liability?
Ans. The reviewer, by virtue of carrying out the peer review shall not incur any liability other than the liability arising out of his own conduct under the Code of Conduct under the Company Secretaries Act, 1980 and Regulations framed thereunder as well as under the relevant clauses of these Guidelines.
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FAQs on
Peer Review
After the Peer review of my records do I get any protection from disciplinary proceedings under the Code of Conduct?
Ans. No. Peer Review is only a broad examination of the systems and procedures followed by the Practice Unit. The fact that you have been Peer Reviewed does not provide immunity from Disciplinary Action. However, neither Institute nor the Reviewer can file any complaint in respect of deficiencies observed during the course of Peer Review. (Refer Cl. 18 of the Guidelines for details)
25
FAQs on
Peer Review
What do I do if I am not satisfied with the Report of the Peer Reviewer?
Ans. You may refer your case to the Peer Review Board.
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FAQs on
Peer Review
If I am selected for Peer Review is it mandatory for me to offer myself for Peer Review?
Ans. Yes
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FAQs on
Peer Review
A) Can any of my clients ask the Institute to get me peer reviewed?
Ans. Yes
Who will pay the cost of such Peer Review?
Ans. The client shall pay the cost of such Peer Review.
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FAQs on
Peer Review
Will ICSI put up the names of the PU which have undergone PR on ICSI website?
Ans. Yes
31
FAQs on
Peer Review
What are my obligations as a Practice Unit?
Ans. Refer Cl. 12 of the Guidelines
32
FAQs on
Peer Review
I have been Peer Reviewed once, will I be Peer Reviewed again?
Ans. Yes, if the Peer Review Board so decides.
34
FAQs on
Peer Review
Can I choose my Peer Reviewer?
Ans. The Peer Review Board would send you a panel of atleast three reviewers and you may choose any one name out of the panel sent to you.
35
FAQs on
Peer Review
Can I reject all the reviewers mentioned in the panel and ask for another reviewer from the same State or region?
Ans. No.
36
FAQs on
Peer Review
If I want a Peer Reviewer from out side my State or region what should I do?
Ans. You may make a special request to the Peer Review Board to provide names of such Peer Reviewers. However, in such a case you would have to bear the extra cost that would be incurred for TA / DA etc.
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FAQs on
Peer Review
If I am not satisfied with the order of the Peer Review Board can I appeal to the Council?
Ans. Yes. You may appeal against the Order of the Peer Review Board to the Central Council of the Institute. (Refer cl. 17.3 of the Guidelines)
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FAQs on
Peer Review
Can I refuse to get myself Peer Reviewed?
Ans. No. Any refusal to get Peer Reviewed shall be a misconduct under the Code of Conduct.
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