Companies Registered Valuers and Valuation 4th Amendment Rules 2018

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(Last Updated On: November 15, 2018)

Companies Registered Valuers and Valuation 4th Amendment Rules 2018. Eligibility Qualification and Experience for Registration as Valuer

Government of India
Ministry of Corporate Affairs

Notification

New Delhi, the 13th November, 2018

G.S.R….…(E).– In exercise of the powers  conferred  by  section  247 read with section 469 of the Companies Act, 2013 (18  of  2013),  the  Central Government hereby makes the following rules further to amend the Companies (Registered  Valuers and Valuation)  Rules, 2017,  namely:-

1. (1) These  rules  may  be  called  the  Companies  (Registered  Valuers  and Valuation) Fourth Amendment Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Registered Valuers and Valuation) Rules, 2017 (hereinafter referred to as “the said rules”), in rule 1,-

(a) for the marginal heading, the following marginal heading shall be substituted, namely: –

“Short title, commencement and application”;

(b) after sub-rule (2), the following sub-rule shall be inserted, namely:-

“(3) These rules shall apply for valuation in respect of any property, stocks, shares, debentures, securities or goodwill or any other assets or net worth of a company or its liabilities under the provision of the Act or these rules.

Explanation.- It is hereby clarified that conduct of valuation under any other law other than the Act or these rules by any person shall not be affected by virtue of coming into effect of these rules.”.

3. In the said rules, in rule 3, in sub-rule (2), –

(a) in clause (a), the word “not” shall be omitted;

(b) in clause (c), after the brackets and letter “(e)”, the brackets and letter “(f),” shall be inserted.

4. In the said rules, in rule 4,-

(a) in clause  (c),  the  words,  brackets  and  letters ” and  having  qualification mentioned at clause (a) or (b)” shall be omitted;

(b) in Explanation II, the words “and examination or training” shall be omitted;

(c) after Explanation II, the following Explanation shall be inserted, namely :-

“Explanation – For the purposes of this rule and Annexure  IV, ‘equivalent’ shall mean professional and technical qualifications which are recognised  by the Ministry of Human Resources and Development as equivalent to professional and technical degree.”.

5. In the said rules, in rule 10, the words “and he may conduct valuation as per these rules if required under any other law or by any other regulatory authority” shall be omitted.

6. In the said rules, in rule 11, the Explanation shall be omitted.

7. In the said rules, in rule 12, in sub-rule(1), in clause (ii), for the words “a professional institute”, the words “it is a professional institute” shall be substituted.

8. In the  said  rules,  for  Annexure   IV, the following Annexure shall be substituted, namely :-

“Annexure IV

Eligibility Qualification and Experience for Registration as Valuer
(See Explanation II to rule 4)

Asset ClassEligibility QualificationsExperience in specified discipline
Plant and Machinery(i) Graduate in Mechanical, Electrical, Electronic and Communication, Electronic and Instrumentation, Production,  Chemical,  Textiles, Leather, Metallurgy, or Aeronautical Engineering, or Graduate in Valuation of Plant and Machinery or equivalent;(ii) Post Graduate on above courses(i) Five years

 

 

 

(ii) Three years

Land and Building(i) Graduate in Civil Engineering, Architecture, or Town Planning or equivalent;

(ii) Post Graduate on above courses and also in valuation of land and building or Real Estate Valuation (a two-year full time post-graduation course)

(i) Five Years

 

(ii) Three Years

 

Securities or Financial Assets(i) Member of Institute of Chartered Accountants of India, Member of  Institute of  Company  Secretaries of  India,  Member of Institute of Cost Accountants of India, Master of Business Administration              or Post Graduate Diploma m Business Management  (specialisation  in finance).

(ii) Post Graduate in Finance

Three Years

Any other asset class along with corresponding qualifications and experience in accordance with rule 4 as may be specified by the Central Government.

Note.-  The eligibility qualification means qualification obtained from a recognised Indian University or equivalent Institute whether in India or abroad.”

[F.No.1/27/20 13-CL-V(Part)]

(K. .R. Murty) Joint Secretary to the Government of India

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Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number  G.S.R. 1316(E), dated  the 18th October, 2017 and subsequently  amended, number  G.S.R.  155 (E), dated the 9th February, 2018, number G.S.R. 559 (E), dated the 13th June, 2018, and number G.S.R. number 925(E), dated the 25th September, 2018.

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